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.
In a case where prebankruptcy exemption planning backfired disastrously, the Fifth Circuit held that a nonfiling spouse had no homestead exemption rights because the husband’s bankruptcy trustee sold.....
When an individual’s chapter 11 case converts to chapter 7, does property acquired post-petition revert to the debtor or does it belong to the chapter 7 estate?
Clifton R. Jessup, Jr. is a bankruptcy judge willing to change his mind. In an opinion on Nov. 2, he reversed course and held that a chapter 13 debtor may surrender collateral, modify the plan, and.....