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.
Based on the broad definition given the word “claim,” a creditor has standing to bring a nondischargeability suit against an individual debtor for embezzlement when the debtor didn’t embezzle from the.....
On an important issue about judicial estoppel in bankruptcy cases, the Fifth Circuit handed down a nonprecedential opinion on January 13 raising exactly the same issue coming before the Supreme Court.....
The amendment to Bankruptcy Rule 2003(e) didn’t create a bright-line rule automatically cutting off the time for objecting to exemptions when the trustee doesn’t announce and file a statement.....
Applying analogies to tort law, the Seventh Circuit held that comparative fault requires a reduction of a debtor’s recovery of compensatory damages for a violation of the discharge injunction.
For the.....
Debtors and trustees should read a Fifth Circuit opinion to understand how the sale of a debtor’s claims should be structured to prevent the sale from being champertous and void.
The debtor severely.....
If a debtor’s income falls below the median after filing and before confirmation, the chapter 13 debtor is entitled to lower the monthly payments and shorten the term of the plan to 36 months, for.....
Courts are split over the interpretation of Section 362(c)(3). If a previous bankruptcy by an individual was dismissed within one year, does the automatic stay terminate automatically 30 days after.....
Bankruptcy Judge Donald R. Cassling of Chicago overruled a confirmation objection that would have driven lawyers away from the chapter 13 practice if sustained. He rejected an unsecured creditor’s.....
In a split decision, the majority on the Fifth Circuit panel are requiring chapter 13 debtors to accelerate the repayment of nondischargeable student loans when there is available disposable income.....
Even though a couple were married only one month before the husband filed a chapter 13 petition, Chicago’s Bankruptcy Judge Michael B. Slade decided that the husband was entitled to claim a house of.....