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.
How to Draft a Judgment to Be Nondischargeable in Bankruptcy
Ordinarily, a settlement agreement making a debt nondischargeable is not enforceable in bankruptcy. Indirectly, a district judge in San.....
Hardship resulting from a self-inflicted disability (conviction for a felony) won’t justify discharging student loans, according to the Ninth Circuit Bankruptcy Appellate Panel.
A man incurred almost.....
An Order Directing Specific Performance Means the Contract Is Not Executory
Once there is an order directing specific performance of a land sale contract, the contract is no longer an executory.....
Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes
The Fifth Circuit wrote a primer on pleading standards for claims of fraudulent transfer, preference, equitable.....
Direct Mortgage Payments Are Under the Plan, Ninth Circuit BAP Says
Circuitously, the Ninth Circuit Bankruptcy Appellate Panel joined what it called the overwhelming majority of courts by concluding.....
Fifth Circuit Facilitates ‘No Money Down’ Chapter 13s
The Fifth Circuit opened the door a crack for so-called no-money-down chapter 13s, where debtors’ counsel are not required to eat the filing fee.....
Fifth Circuit Upholds Sanctions Against Nationwide Law Firm
In September, District Judge Elizabeth Erny Foote of Shreveport, Louisiana, upheld a plethora of sanctions and injunctions imposed on a self.....
Ninth Circuit Uses a Technicality to Keep a Marijuana Case Alive
The Ninth Circuit pushed back against the idea that a chapter 11 plan cannot be confirmed if there is a whiff of marijuana.
Still, the.....
Disciplinary Sanctions Held Nondischargeable Even Though Not Paid to the State
Discovery sanctions to be paid as part of state bar disciplinary proceedings are nondischargeable under Section 523 a 7.....
Mothers Owed Child Support Weren’t Entitled to Notice in Father’s Bankruptcy, Circuit Says
Interpreting Illinois law, the Fifth Circuit narrowly construed the term creditor in holding that custodial.....