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.
The standards under Taggart limiting the imposition of contempt sanctions for violating the discharge injunction do not apply when the creditor’s violation of the automatic stay continues after.....
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.....
Differing with the First Circuit, the Ninth Circuit Bankruptcy Appellate Panel allowed a chapter 13 debtor to retain the post-petition increase in value of a nonexempt asset.
Building on a prior Ninth.....
An opinion by Bankruptcy Judge Christopher M. Klein of Sacramento, Calif., is a hoot. It deserves reading in full text just for the entertainment value. If practices he describes are prevalent in the.....
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A nonprecedential opinion from the Fifth Circuit raises the perennial question: When, if ever, may the court ignore the plain language.....
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.....
In a circuit that permits discharging a portion of student loans, Bankruptcy Judge Peter C. McKittrick of Portland, Ore., discharged part of a debtor’s student loan debt, “which she has no hope of.....
A motion to dismiss an involuntary petition only gives the debtor a temporary reprieve from filing a list of creditors. Without awaiting a discovery request by the involuntary petitioners, the debtor.....
Another court has split with the Ninth Circuit Bankruptcy Appellate Panel by holding that property acquired during an individual’s chapter 11 case becomes property of the chapter 7 estate on.....
By consent, a chapter 11 plan can discharge an individual’s nondischargeable debt, even a matrimonial debt that is excepted from discharge under Section 523(a)(15).
The October 29 opinion by.....