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.
In a circuit that permits discharging a portion of student loans, Bankruptcy Judge Peter C. McKittrick of Portland, Ore., discharged part of a debtor’s student loan debt, “which she has no hope of.....
A motion to dismiss an involuntary petition only gives the debtor a temporary reprieve from filing a list of creditors. Without awaiting a discovery request by the involuntary petitioners, the debtor.....
Another court has split with the Ninth Circuit Bankruptcy Appellate Panel by holding that property acquired during an individual’s chapter 11 case becomes property of the chapter 7 estate on.....
By consent, a chapter 11 plan can discharge an individual’s nondischargeable debt, even a matrimonial debt that is excepted from discharge under Section 523(a)(15).
The October 29 opinion by.....
By holding creditors to account for violating the discharge injunction, a decision from the Ninth Circuit Bankruptcy Appellate Panel demonstrates the significance of the Supreme Court’s Taggart decisi.....
A creditor can obtain retroactive stay relief just to avoid liability under Section 362(k) for a willful stay violation, the Ninth Circuit Bankruptcy Appellate Panel held in ruling on an issue 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.....
Absolute Priority Doesn’t Require an Individual Debtor to Pay for Exempt Property
Taking sides on an issue where the lower courts are divided, the Ninth Circuit Bankruptcy Appellate Panel held that an.....
Ninth Circuit BAP Squarely Upholds Chapter 20: No Lien and No Claim Survive
At least when the debtor is eligible for a discharge in chapter 13, the Ninth Circuit Bankruptcy Appellate Panel squarely.....
At least when the debtor is eligible for a discharge in chapter 13, the Ninth Circuit Bankruptcy Appellate Panel squarely holds that a debtor may employ so-called chapter 20 to strip off an underwater.....