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.
The PACER system for filing documents electronically in bankruptcy court is not user-friendly. Indeed, the system is tediously idiosyncratic and intolerant of the uninitiated.
Bankruptcy Judge R.....
Yesterday we reported a decision where Bankruptcy Judge Michelle M. Harner of Baltimore ruled that newly modified Bankruptcy Rule 3002(c)(6) did not give her discretion to allow a creditor to file a.....
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.....
May a trustee recover from an immediate or mediate transferee if the recipient received proceeds from a fraudulent transfer but not the fraudulently transferred property itself?
Answering a question.....
Earmarking Seems to Be a Dead Letter in the Tenth Circuit
The Tenth Circuit Bankruptcy Appellate Panel wrote an intriguing opinion finding that a triangular transaction was a preference. Without.....
Reconstructed Time Records Are Ok in a POC for Pre-Filing Attorneys’ Fees
Reconstructed time records do not result automatically in the reduction or disallowance of a mortgage lender’s claim for.....
District Court Upholds Discharge of a Portion of Student Loan Debt
A district judge in Kansas upheld a decision handed down last year by Bankruptcy Judge Robert E Nugent of Wichita, Kansas, who ruled.....
Bifurcated Fees for Destitute Chapter 7 Debtors Approved in Utah
To make chapter 7 accessible for those who can’t pay fees before filing, Bankruptcy Judge Kevin R Anderson of Salt Lake City laid down.....
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.....
Without Excusable Neglect, Debtors May Claim Exemption in Reopened Cases
Reversing bankruptcy courts, the Tenth Circuit Bankruptcy Appellate Panel held that a debtor can reopen a closed case to.....