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.
Under any of the three tests, allegations of domestic abuse are “personal injury tort claims” under Section 157(b)(5), according to the Eighth Circuit Bankruptcy Appellate Panel.
Of greater.....
With limited exceptions, traditional law says that chapter 7 debtors lack standing to object to proofs of claim. In a nonprecedential opinion, the Eleventh Circuit upheld dismissal of a debtor’s.....
Aligning itself with the Fifth Circuit plus dicta from the Second Circuit and the Supreme Court, the Eleventh Circuit held in a nonprecedential opinion that a bankruptcy court, and by extension a.....
A chapter 13 debtor who sustained a personal injury after filing was not required to pay the settlement proceeds to creditors, thanks to a decision by Bankruptcy Judge Henry A. Callaway of Mobile, Ala.....
Although the right of a trustee to sell an individual debtor’s defensive appellate rights was not before the court, the Eighth Circuit held that an appeal from an order approving the sale of offensive.....
On an issue where the lower courts are split, the Eleventh Circuit held that the Supreme Court’s decision in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, 589 U.S. 57 (2020.....
Before a chapter 13 debtor received a discharge, he sustained a personal injury and conceded that the resulting PI claim would be estate property earmarked for creditors under Eleventh Circuit.....
The exception in the automatic stay for “domestic violence” applies to claims for sexual abuse arising decades earlier, not only to claims of imminent or ongoing sexual abuse, says Bankruptcy Judge.....
Ruling on an issue that has “has divided and confounded bankruptcy courts for years,” Bankruptcy Judge Scott M. Grossman of Fort Lauderdale, Fla., decided that the “notice” referred to in Bankruptcy.....
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.....