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 split decision, the majority on the Fifth Circuit panel are requiring chapter 13 debtors to accelerate the repayment of nondischargeable student loans when there is available disposable income.....
On a question where the courts are divided, Bankruptcy Judge John S. Hodge of Shreveport, La., ruled that debt service for a non-purchase money lien on an automobile is not deductible in calculating a.....
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.....
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.....
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.....
Enacted on March 27, the CARES Act amended Section 1329 by allowing chapter 13 debtors to extend their plans for up to seven years if they have experienced “material and financial hardship” as a.....
For debtors with incomes below the median, the Fifth Circuit invalidated a local rule requiring all chapter 13 debtors to turn over income tax refunds in excess of $2,000 for distribution to creditors.....
When a chapter 13 debtor has excess disposable income not being paid to creditors every month, some courts in Texas have been imposing a so-called Molina provision on the plan that bars the debtor.....
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.....