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.
Is a Notice of Removal Filed in Bankruptcy Court Ok? Courts Are Split
Although courts are divided on the issue, Chief Bankruptcy Judge Neil P Olack of Jackson, Mississippi, remanded a lawsuit to state.....
Arizona Judge Grants Discharge Despite Default on Direct Pay Mortgage
Adopting the minority interpretation, Bankruptcy Judge Madeleine C Wanslee of Phoenix decided that failure to make all direct.....
Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims
Constrained by the logic of In re Bellingham Ins. Agency Incorporated, although not by its holding, Bankruptcy Judge.....
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
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Ninth Circuit Lays Down Additional Pleading Requirements for F C R A Complaints
In a 2 to 1 opinion, the Ninth Circuit raised the bar for consumer bankrupts to establish standing justifying a lawsuit.....
The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral
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Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
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Fifth Circuit Hints that Debtors May Retain Property for Recreation and Entertainment
Although the Fifth Circuit was unwilling to make the opinion precedential, the appeals court is nonetheless.....
Fifth Circuit Joins Sister Circuits in Bestowing Qualified Immunity on Trustees
The Fifth Circuit joined three other circuits by endowing bankruptcy trustees and their attorneys with broad immunities.....
Stern Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U S C section 12 91
In a nonprecedential opinion, the Ninth Circuit identified one of the finer points of an appeals court’s.....