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On an important issue about judicial estoppel in bankruptcy cases, the Fifth Circuit handed down a nonprecedential opinion on January 13 raising exactly the same issue coming before the Supreme Court.....
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.....
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.....
With limited exceptions, traditional law says that chapter 7 debtors lack standing to object to proofs of claim. In a nonprecedential opinion, the Eleventh Circuit upheld dismissal of a debtor’s.....
If a chapter 13 debtor dies before confirmation, it stands to reason that the case should be dismissed because the debtor can’t file a plan, has no regular income and can’t be examined by creditors.
Th.....
Aligning itself with the Fifth Circuit plus dicta from the Second Circuit and the Supreme Court, the Eleventh Circuit held in a nonprecedential opinion that a bankruptcy court, and by extension a.....
A chapter 13 debtor who sustained a personal injury after filing was not required to pay the settlement proceeds to creditors, thanks to a decision by Bankruptcy Judge Henry A. Callaway of Mobile, Ala.....
On an issue where the lower courts are split, the Eleventh Circuit held that the Supreme Court’s decision in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, 589 U.S. 57 (2020.....