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.
All acts are void that violate the automatic stay, regardless of whether they are willful or merely technical, according to Bankruptcy Judge Christopher D. Jaime of Sacramento, Calif.
In his December 2.....
A district court decision from Houston is required reading for plaintiffs’ tort lawyers to understand how they must write jury instructions and special verdict forms to ensure that judgments for.....
Sanctions imposed on a creditor and its lawyers for violating the automatic stay and the discharge injunction may not be the end of the story. As demonstrated in a March 29 opinion by Bankruptcy Judge.....
Someone issuing a subpoena to a bankruptcy trustee in a criminal case or a lawsuit outside of bankruptcy court must first ask the bankruptcy court for permission to issue the subpoena in view of the B.....
Without actual notice, due process won’t allow a trustee to extend the two-year deadline for filing avoidance actions, even when the trustee hasn’t been able to identify the defendants.
In his February.....
The pleading requirements laid down by the Supreme Court in Iqbal and Twombly do not apply to the filing of an involuntary bankruptcy petition under Section 303. The petitioning creditor need only.....
If a creditor doesn’t cash a $230,000 distribution check on an allowed unsecured claim, is the chapter 7 debtor entitled to the funds 10 years later on the idea that the $230,000 represented a surplus.....
Chief Bankruptcy Judge Maureen A. Tighe of Woodland Hills, Calif., rejected the U.S. Trustee’s contention that Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, 140 S. Ct. 696.....
Fighting like cats and dogs may be acceptable in a matrimonial case, but not when special counsel represents a debtor who is restructuring her debt in chapter 11.
Bankruptcy Judge Marvin Isgur of.....
The federal and California moratoria on evictions during the Covid-19 pandemic did not apply in a bankruptcy case, “even if the property in question is [the debtor’s] residence,” according to.....