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.
Section 305, not Section 707, is the vehicle for a chapter 7 debtor to dismiss her own case as a result of “debtor’s remorse,” for reasons explained by Chief Bankruptcy Judge Scott M. Grossman of Fort.....
The chapter 7 trustee was on notice that a couple were claiming an unlimited Florida homestead exemption, although they were not entitled to the exemption because they had purchased the property too.....
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.....
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.....
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.....
A district court in Minnesota ruled that a debtor is not required to arbitrate when the debtor sues the creditor for violating the automatic stay and discharge injunction. However, the January 13.....
Although his decision favored the debtor, an opinion by Bankruptcy Judge Brian C. Walsh of St. Louis shows how citizens with low incomes are poorly served by the Bankruptcy Code and meager state.....
The Eighth Circuit holds that judicial estoppel bars a chapter 13 debtor from recovering on an undisclosed personal injury claim that arose after filing but before the completion of plan payments. If.....