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 accepted procedure for allowing state courts to divide marital property when one spouse files bankruptcy is to modify the automatic stay and abstain from adjudicating the property settlement,”.....
In an opinion allowing the stacking of exemptions, Bankruptcy Judge Cathleen D. Parker allowed the debtor to exempt almost $140,000 in wages.
In her May 23 opinion, Judge Parker explained why the.....
If a chapter 7 trustee succeeds with a clever argument in the Fifth Circuit, whole life policies will not be exempt in Texas. The trustee’s argument failed to convince Bankruptcy Judge Craig A.....
As everyone knows (or should know), the denial of a motion to withdraw the reference is not a final, appealable order. The Tenth Circuit teaches us that denial of withdrawal remains interlocutory.....
The chapter 7 discharge of someone’s personal liability on a mortgage does not start the clock ticking on the statute of limitations governing the time within which a lender must commence foreclosure.....
Two bankruptcy judges in Texas have now rejected clever arguments that would have effectively overruled the Texas legislature and terminated the state exemption for owners and beneficiaries of life.....
Although the Supreme Court held in Clark v. Rameker, 573 U.S. 122 (2014), that an inherited individual retirement account is not exempt, the inheritance of survivor’s benefits under a pension plan can.....
The first court of appeals to rule on a question where the lower courts are widely split, the Tenth Circuit held that a chapter 13 trustee was not entitled to payment of her fee because the case was.....
Filing a complaint before the deadline is critically important and should be undertaken only by an expert — that is to say, by a paralegal who does it every day.
An amateur, like a lawyer, should not.....
A trustee may not evade the transfer restrictions in the operating agreement of a limited liability company by selling only the “economic interest,” the Tenth Circuit Bankruptcy Appellate Panel said.....