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 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.....
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.....
A district court decision from Houston is required reading for plaintiffs’ tort lawyers to understand how they must write jury instructions and special verdict forms to ensure that judgments for.....
On a topic with sparse authority where the lower courts are divided, Bankruptcy Judge Caryl E. Delano of Ft. Myers, Fla., came down on the side of the debtor by holding that Social Security benefits.....
The estate of a chapter 13 debtor who dies before completing plan payments may still be granted a discharge despite the decedent’s inability to complete the required financial management course.....
The successful outcome of a chapter 7 case that pays creditors in full does not justify compensating the trustee’s attorney for performing duties imposed on the trustee, the Fifth Circuit said in a.....
The Supreme Court’s Espinosa decision enabled Bankruptcy Judge Robert L. Jones of Lubbock, Tex., to present the debtors with a sizeable and unexpected gift alongside their chapter 13 discharges.
The.....
Bankruptcy Judge Karen S. Jennemann of Orlando, Fla., used her common sense rather than slavish adherence to “plain language” to reach a result that Congress undoubtedly intended.
Fortunately, Judge.....
Dismissal with prejudice is a hot topic in chapter 13 for courts throughout the country. Bankruptcy Judge Michelle V. Larson of Dallas dismissed a case for “cause” under Section 1307(c) and imposed a.....