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.
When debt in an “asset” case is not discharged because the creditor didn’t receive notice of the bankruptcy, the Ninth Circuit tells us that the entire debt was not discharged, not just the portion.....
Believing that two bankruptcy judges and a district judge were wrong, the majority on the Arizona Supreme Court answered a certified question by holding that a self-propelled motor home (a/k/a an RV).....
If a trustee recovers an estate asset after the debtor made their last payment under a chapter 13 plan, the recovery goes to the debtor in the absence of a provision in the plan directing the asset to.....
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.....
An opinion from the Ninth Circuit affirming the Bankruptcy Appellate Panel suggests that the California legislature might consider modifying the state’s homestead exemption to protect people in.....
The Ninth Circuit Bankruptcy Appellate Panel laid down rules about the sufficiency of pleadings and the burden of proof in small chapter 7 cases when the trustee seeks compensation for himself as his.....
Loans taken down to refinance existing, higher-interest loans were not consumer debts in the absence of evidence to the contrary, the Ninth Circuit said.
The decision is nonprecedential. Were it.....
Reversing the Bankruptcy Appellate Panel, the Ninth Circuit evidently held that a claim will be allowed if the creditor supplies all of the information required by Bankruptcy Rule 3001(c), even when.....
When a home mortgage matures before the final payment under a chapter 13 plan, the debtor may bifurcate the mortgage into a secured and an unsecured claim, only paying the secured claim in full, the.....
A lender and its lawyer were sanctioned under Bankruptcy Rule 9011 for filing a dischargeability complaint against a consumer based only on the allegation that it must have been fraud because the.....