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.
One of the BAPCPA amendments in 2005, Section 521(i)(1), is unforgiving.
If a chapter 13 case is dismissed automatically for failure to file all required papers within 45 days, the bankruptcy court.....
Counsel in California, beware: The state’s reciprocal fee-shifting statute means that the losing side — whether it be the debtor, the trustee or the creditor — pays the adversary’s attorneys’ fees if.....
In the wake of Schwab v. Reilly, 560 U.S. 770 (2010), Bankruptcy Judge John E. Hoffman, Jr., of Columbus, Ohio, explained when a trustee must or cannot object to a homestead exemption claiming “100%.....
Reversing the bankruptcy court, a district judge in San Antonio explained why making estimated tax payments isn’t a fraudulent transfer to the Internal Revenue Service.
For 2020, a couple’s tax.....
On an issue where the courts are split, Bankruptcy Judge Guy R. Humphrey of Dayton, Ohio, decided that a chapter 7 trustee was entitled to no compensation because the trustee had made no distributions.....
Without a motion by a creditor or party in interest, the bankruptcy court with the first bankruptcy case has the right, sua sponte, to transfer venue of a subsequently filed case by the same debtor or.....
Even when a debtor consents to the entry of judgment, the resulting judgment lien is a judicial lien subject to avoidance under Section 522(f), not a consensual lien that cannot be avoided as an.....
Refusing to dismiss the chapter 7 petition by an individual who owned corporations that sold marijuana at retail, Bankruptcy Judge Dennis Montali of San Francisco said that the U.S. Trustee Program.....
Directing a vulgar insult at a debtor is no violation of the automatic stay. Indeed, basing a contempt motion on a text message to a debtor that said, “You’re such a piece of s—t,” “has absolutely no.....
On an issue where the courts are divided, Bankruptcy Judge Beth A. Buchanan of Cincinnati decided that the Social Security benefits of a nonfiling spouse are not to be included in deciding whether the.....