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.
Bankruptcy Judge Jack B. Schmetterer of Chicago discharged about $73,000 in student loans owed by a 53-year-old single woman who had been unemployed for 16 months, had no income, was not eligible for.....
In chapter 13, creditors – not just the debtor – may sometimes lose out if the debtor had concealed the existence of a personal injury claim and the defendant invokes judicial estoppel to bar.....
A relatively puny case from south Texas involving a false notice under Bankruptcy Rule 3002.1 is making important law on the rule and the federal Fair Debt Collection Practices Act, or FDCPA, 15 U.S.C.....
Fifth Circuit Stretches Equitable Notions to Bend Plain Language
A nonprecedential opinion from the Fifth Circuit raises the perennial question: When, if ever, may the court ignore the plain language.....
On a question where the lower courts are split, Bankruptcy Judge A. Benjamin Goldgar of Chicago took sides with the minority by holding that violating a PACA trust does not give rise to denial of.....
Creating a split of circuits, the Fifth Circuit held that Section 362(c)(3)(A) only terminates the automatic stay as to the debtor and property of the debtor, but not as to property of the estate.
Sec.....
A decision from Illinois highlights two flaws in the U.S. health care system: (1) Even with health insurance, medical bills can force someone into bankruptcy; and (2) if medical bills are “consumer”.....
As a prudential matter and not for lack of jurisdiction, the Fifth Circuit held that the district where a bankruptcy case was pending is the only district that can enforce a discharge injunction. The.....
Recent decisions by the Supreme Court did not change the law and do not require bankruptcy courts to compel arbitration of core issues, the Fifth Circuit said in a per curiam opinion.
More.....
The so-called Holder Rule is an important weapon that debtors can use when the originator of consumer paper has not lived up to its contractual obligations.
In a chapter 13 case before Bankruptcy.....