Joining the Tenth Circuit, the Ninth Circuit also has held that chapter 13 trustees are not paid their fees when cases are dismissed before confirmation. The identical issue was argued on February 15 before the Second Circuit.
In short order, we’ll have either unanimity or a split of circuits. A split will give rise to an issue worthy of a grant of certiorari by the Supreme Court.
Notably, the Ninth Circuit’s opinion on June 12 adopted reasoning in an amicus brief filed in support of the debtor by the National Consumer Bankruptcy Rights Center and National Association of Consumer Bankruptcy Attorneys.
The extended bar date for governmental claims applies if a governmental unit is the holder of the claim, even if a nongovernmental entity is the servicer of the claim, the Fifth Circuit says.
A couple.....
The commission of a serious crime doesn’t necessarily give rise to a nondischargeable debt, as Bankruptcy Judge Robert L. Jones of Lubbock, Texas, explained in an opinion on July 7. The opinion shows.....
Declining “the request to expand broadly an already questionable doctrine,” the majority on a Sixth Circuit panel held “that the doctrine of equitable mootness has no place in Chapter 7 liquidations.”.....
If a chapter 7 trustee succeeds with a clever argument in the Fifth Circuit, whole life policies will not be exempt in Texas. The trustee’s argument failed to convince Bankruptcy Judge Craig A.....
Using powers of equity and common sense, Bankruptcy Judge Daniel S. Opperman of Bay City, Mich., didn’t allow a grinch to steal a disabled man’s IRA.
A chapter 7 debtor was permanently disabled. Before.....
Venue ping pong is a proper method for putting a case in the improper district, according to Bankruptcy Judge Nicholas W. Whittenburg.
Sitting in Chattanooga, Tenn., Judge Whittenburg’s courthouse is.....
Legitimate bankruptcy planning does not include electing to roll over $41,000 in tax refunds to a tax year after filing. Bankruptcy Judge Thomas J. Tucker denied a couple’s discharges under Section.....
Courts are split three ways on whether chapter 13 debtors can make contributions to 401(k) plans. Some courts permit none whatsoever, while others permit contributions no larger than what the debtor.....
Writing dicta in a nonprecedential opinion, Sixth Circuit Judge Amul R. Thapar cited Lexmark Int’l, Inc. v. Static Control Components, Inc., 572 U.S. 118 (2014), to conclude that the “person aggrieved.....
Two bankruptcy judges in Texas have now rejected clever arguments that would have effectively overruled the Texas legislature and terminated the state exemption for owners and beneficiaries of life.....