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.
By holding creditors to account for violating the discharge injunction, a decision from the Ninth Circuit Bankruptcy Appellate Panel demonstrates the significance of the Supreme Court’s Taggart decisi.....
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.....
A creditor can obtain retroactive stay relief just to avoid liability under Section 362(k) for a willful stay violation, the Ninth Circuit Bankruptcy Appellate Panel held in ruling on an issue of.....
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.
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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.....
If “related to” jurisdiction exists at the outset of a lawsuit, the court retains personal and subject matter jurisdiction even if the basis for “related to” jurisdiction disappears later, the Fifth.....
Absolute Priority Doesn’t Require an Individual Debtor to Pay for Exempt Property
Taking sides on an issue where the lower courts are divided, the Ninth Circuit Bankruptcy Appellate Panel held that an.....
Ninth Circuit BAP Squarely Upholds Chapter 20: No Lien and No Claim Survive
At least when the debtor is eligible for a discharge in chapter 13, the Ninth Circuit Bankruptcy Appellate Panel squarely.....
At least when the debtor is eligible for a discharge in chapter 13, the Ninth Circuit Bankruptcy Appellate Panel squarely holds that a debtor may employ so-called chapter 20 to strip off an underwater.....
Fifth Circuit Makes Student Loans Even More Difficult to Discharge
In the Fifth Circuit, student loans are arguably more difficult to discharge than elsewhere. The New Orleans based appeals raised the.....