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.
In Barton, the Supreme Court held that receivers cannot be sued without permission from the appointing court. After adoption of the Bankruptcy Act of 1898, the doctrine was extended to cover.....
Drawing on Harris v. Viegelahn, Bankruptcy Judge LaShonda L. Hunt of Chicago held that a chapter 13 debtor’s attorney cannot be paid allowed compensation from funds in the hands of the chapter 13.....
Writing an opinion that reads like a law review article, Bankruptcy Judge Michelle V. Larson of Dallas decided that the so-called economic unit approach is the best method for deciding the size of a.....
Welcome to a law student’s nightmare: the convergence of property law and bankruptcy.
If a debtor owns property as a joint tenant with right of survivorship, the trustee can’t sell the property if the.....
Ruling in favor of the debtor on an issue similar to the question before the Supreme Court this coming term in Bartenwerfer, Bankruptcy Judge Joshua P. Searcy of Tyler, Texas, held that a debt is.....
A district court decision from Houston is required reading for plaintiffs’ tort lawyers to understand how they must write jury instructions and special verdict forms to ensure that judgments for.....
The estate of a chapter 13 debtor who dies before completing plan payments may still be granted a discharge despite the decedent’s inability to complete the required financial management course.....
A law firm has no right to a jury trial and cannot withdraw the reference when the U.S. Trustee goes after sanctions and an injunction for violating Section 526, according to District Judge J. Phil.....
Chapter 13 can sometimes protect recipients of preferences, as shown in an opinion by Bankruptcy Judge William A. Altenberger of Peoria, Ill.
The debtor had made $8,000 in payments to family members.....
The successful outcome of a chapter 7 case that pays creditors in full does not justify compensating the trustee’s attorney for performing duties imposed on the trustee, the Fifth Circuit said in a.....