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.
Michigan Court Allows Curing a Chapter 13 Payment Default After Five Years
On an issue where the lower courts disagree, District Judge George Caram Steeh of Detroit sided with two circuit courts by.....
Supreme Court Rejects Strict Liability for Discharge Violations
Today, the Supreme Court rejected a strict liability standard for the imposition of contempt for violating the discharge injunction.....
F D C P A Plaintiffs Aren’t Required to Plead the Debt Collector’s Knowledge of Bankruptcy
A debt collector who sends a collection letter is not required to know there is a bankruptcy to violate the.....
Sixth Circuit Muses on Whether Prudential Standing Applies in Bankruptcy
Upholding dismissal of an appeal, the Sixth Circuit posed a plethora of questions about standing that would be worthy of.....
Supreme Court Agrees to Rule on What Is or Is Not a Final, Appealable Order
In addition to ruling on the effect of rejecting a trademark license, the Supreme Court yesterday agreed to review one.....
Supreme Court Hears Argument on Good Faith as Defense to Discharge Violation
The Supreme Court heard oral argument yesterday in Taggart versus Lorenzen to decide whether a good faith belief that a.....
Is the ‘Accrual Test’ for the Existence of a Claim Alive and Well after Grossman’s?
The Third Circuit’s infamous Frenville decision, like drug-resistant bacteria, is taking on new life in the Sixth.....
Deemed Allowed Claims Can Be Binding in Subsequent Litigation, Circuit Says
The validity and amount of a deemed allowed claim under Section 502 a can be binding in a subsequent litigation between the.....
Nonjudicial Foreclosure Is Not Subject to the FDCPA, Supreme Court Rules
The Supreme Court ruled unanimously today that nonjudicial foreclosure is not subject to regulation by the federal Fair Debt.....
Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules
The bankruptcy stay did not extend the statute of limitations with regard to an administrative tax claim that the chapter 11.....