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.
After discharge, state and federal courts have concurrent jurisdiction to decide whether a debt was discharged.
Allowing a state court to decide a discharge question is risky, for reasons shown in a.....
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.....
The pleading requirements laid down by the Supreme Court in Iqbal and Twombly do not apply to the filing of an involuntary bankruptcy petition under Section 303. The petitioning creditor need only.....
As a prudential matter and not for lack of jurisdiction, the Fifth Circuit held that the district where a bankruptcy case was pending is the only district that can enforce a discharge injunction. The.....
If “related to” jurisdiction exists at the outset of a lawsuit, the court retains personal and subject matter jurisdiction even if the basis for “related to” jurisdiction disappears later, the Fifth.....
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.....