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.
To avoid an inequitable result, the Ninth Circuit Bankruptcy Appellate Panel relied on fundamental principles about secured claims in chapter 7 to conclude that an order declaring a secured claim to.....
Unless all of a private student loan was used for “qualified higher education expenses,” none of the loan is nondischargeable under Section 523(a)(8)(B).
The Ninth Circuit Bankruptcy Appellate Panel.....
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On an important issue about judicial estoppel in bankruptcy cases, the Fifth Circuit handed down a nonprecedential opinion on January 13 raising exactly the same issue coming before the Supreme Court.....
Last week, we reported on how Bankruptcy Judge M. Ruthie Hagan of Memphis, Tenn., interpreted the Supreme Court’s Till decision to mean that a fully secured holder of a second mortgage to be paid in.....
The Ninth Circuit Bankruptcy Appellate Panel wrote a handbook for bankruptcy judges writing vexatious litigant orders with prefiling injunctions.
The panel issuing the per curiam, nonprecedential.....
Sitting in the Sixth Circuit, Bankruptcy Judge M. Ruthie Hagan of Memphis, Tenn., decided that the Eighth Circuit had better authority interpreting Till and providing guidance for fixing the rate of.....
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.....
An important bankruptcy case will be heard en banc in the Ninth Circuit during the week of January 12.
Ideally, several of our readers will file amicus briefs explaining why bankruptcy trustees in.....
Reversing the district court and upholding a decision by Bankruptcy Judge Scott H. Gan of Tucson, Ariz., the Ninth Circuit held that issue preclusion does not prevent a debtor from successfully.....