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.
Assume the debtor is liable as the transferee of a fraudulent transfer made by someone else who had actual intent to hinder, delay or defraud.
In Bartenwerfer v. Buckley, 143 S. Ct. 665 (Sup. Ct. Feb.....
Courts are split three ways on whether chapter 13 debtors can make contributions to 401(k) plans. Some courts permit none whatsoever, while others permit contributions no larger than what the debtor.....
Bankruptcy Judge Christopher M. Klein decried the “widespread belief that student loans are virtually impossible to discharge in bankruptcy.”
In his April 5 opinion, Judge Klein said,
Only the most.....
Two bankruptcy judges in Texas have now rejected clever arguments that would have effectively overruled the Texas legislature and terminated the state exemption for owners and beneficiaries of life.....
The settlement of a lawsuit where the debtor does not expressly admit liability may nevertheless result in automatic nondischargeability under Section 523(a)(19) if the complaint was properly drafted.....
In Barton, the Supreme Court held that receivers cannot be sued without permission from the appointing court. After adoption of the Bankruptcy Act of 1898, the doctrine was extended to cover.....
In Los Angeles (as you’d expect), the first cracks are showing in the prohibition keeping cannabis businesses out of bankruptcy court.
The January 20 opinion by Bankruptcy Judge Neil W. Bason could be.....
All acts are void that violate the automatic stay, regardless of whether they are willful or merely technical, according to Bankruptcy Judge Christopher D. Jaime of Sacramento, Calif.
In his December 2.....
Writing an opinion that reads like a law review article, Bankruptcy Judge Michelle V. Larson of Dallas decided that the so-called economic unit approach is the best method for deciding the size of a.....
Ruling in favor of the debtor on an issue similar to the question before the Supreme Court this coming term in Bartenwerfer, Bankruptcy Judge Joshua P. Searcy of Tyler, Texas, held that a debt is.....