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.
On an issue where the lower courts are split, the Sixth Circuit Bankruptcy Appellate Panel held that a pre-petition personal guaranty is a contingent debt that is discharged, even as to post-petition.....
A $300,000 debt for life-saving, emergency medical treatment was not a “consumer” debt because it was not “voluntarily” incurred, according to Bankruptcy Judge C. Kathryn Preston of Columbus, Ohio.
A.....
Addressing several issues where the courts are deeply split, Bankruptcy Judge Thomas J. Tucker of Detroit concluded that Social Security benefits can be considered in deciding whether a chapter 7.....
Another court has sanctioned a necessarily cumbersome process to make bankruptcy affordable for those who need it most — namely, people so broke they can’t pay the filing fee, much less a retainer.
Ba.....
Circuit decisions are rare where the concurrence is more significant than the panel opinion. In a bankruptcy that has already generated gobs of law at all levels, Sixth Circuit Judge Jeffrey S. Sutton.....
While closing one door, the Supreme Court opened another door today for debtors to argue that the statute of limitations does not begin to run until discovery of the existence of a claim under the.....
To give better definition to what is or is not a final, appealable order in a bankruptcy case, the Supreme Court heard oral argument in Ritzen Group Inc. v. Jackson Masonry LLC, 18-938 (Sup. Ct.). The.....
In most of the country, creditors had been judged by an almost strict liability standard for violating the discharge injunction. A decision by Chief Bankruptcy Judge Scott W. Dales of Grand Rapids.....
Sixth Circuit to Rule on Deductions for Contributions to Retirement Accounts (Updated)
In dicta, the Sixth Circuit had said in 2012 that voluntary contributions to a 401(k) plan must be paid to.....
Bankruptcy Appellate Panel Decision Previews Issues Confronting the Supreme Court in Ritzen
The Supreme Court will hear oral argument on November 13 in a case that will give further definition to what.....