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.
Dismissal with prejudice is a hot topic in chapter 13 for courts throughout the country. Bankruptcy Judge Michelle V. Larson of Dallas dismissed a case for “cause” under Section 1307(c) and imposed a.....
The pleading requirements laid down by the Supreme Court in Iqbal and Twombly do not apply to the filing of an involuntary bankruptcy petition under Section 303. The petitioning creditor need only.....
If the law changes, neither judicial estoppel nor law-of-the-case prevents the debtor from objecting to the classification of a claim that was treated as having priority in a confirmed chapter 13 plan.....
On a question where the courts are split, Bankruptcy Judge Beth E. Hanan of Milwaukee extrapolated from Seventh Circuit authority to hold that a discharge terminates liability that arises after filing.....
Even though there was benefit only to the debtor and none to the estate, a chapter 13 debtor’s lawyer was entitled to compensation under Section 330(a)(4)(B), an exception to the so-called American.....
Fighting like cats and dogs may be acceptable in a matrimonial case, but not when special counsel represents a debtor who is restructuring her debt in chapter 11.
Bankruptcy Judge Marvin Isgur of.....
Simply filing a motion to extend the deadline for objecting to discharge or dischargeability does not extend the deadline indefinitely, according to District Judge Fred Biery of San Antonio, who.....
Even though measured by the expenses incurred by the state disciplinary authorities, a district judge in Wisconsin sided with the Ninth Circuit and held that costs assessed against the lawyer were not.....
On a question where the lower courts are split, Chief Bankruptcy Judge G. Michael Halfenger of Milwaukee decided that the fees paid for a chapter 13 debtor’s counsel must be taken into consideration.....
In an involuntary petition, creditors who received voidable transfers may not be counted in deciding whether the alleged debtor has 12 or more creditors. On an issue where lower courts are split.....