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.
Even though there was benefit only to the debtor and none to the estate, a chapter 13 debtor’s lawyer was entitled to compensation under Section 330(a)(4)(B), an exception to the so-called American.....
Bankruptcy Judge Timothy A. Barnes of Chicago displayed tools a judge can use to help a debtor who may have had a meritorious defense but could not afford to defend a dischargeability suit.
The.....
Auto owners in Chicago sustained a defeat when the Supreme Court held on January 14 that refusing to turn over an impounded car does not violate the automatic stay in Section 362(a)(3). Consequently.....
Bankruptcy Judge Jack B. Schmetterer of Chicago discharged about $73,000 in student loans owed by a 53-year-old single woman who had been unemployed for 16 months, had no income, was not eligible for.....
On a question where the lower courts are split, Bankruptcy Judge A. Benjamin Goldgar of Chicago took sides with the minority by holding that violating a PACA trust does not give rise to denial of.....
The so-called Holder Rule is an important weapon that debtors can use when the originator of consumer paper has not lived up to its contractual obligations.
In a chapter 13 case before Bankruptcy.....
Lenders Admonished to Demand Nothing More in Plans than the Law Allows
When no one else would bother, Bankruptcy Judge LaShonda A Hunt of Chicago undertook the role of gatekeeper to prevent a lender.....
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
In the BAPCPA amendments in 2005, Congress may have intended to bar debtors from allowing mortgages to “ride through” bankruptcy.....
Chicago Case May Resolve the Circuit Split on the New Value Defense
A case gestating in the Chicago bankruptcy court may lead to a petition for certiorari and a definitive ruling from the Supreme.....
Circuits Split on Trustee’s Ability to Extend the Dischargeability Deadline
On an issue where the circuits are split, Bankruptcy Judge Donald R. Cassling of Chicago ruled that a chapter 7 trustee has.....