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.
Picture this: A corporation purchases goods from a retailer using a credit card. Right in the store, an employee for the corporate buyer turns the goods over to an affiliate of the buyer. The.....
Bankruptcy Judge Michael B. Slade of Chicago said he was confronted with “competing lines of authority regarding how to allocate a tax refund between a debtor’s estate and a non-debtor spouse where.....
For a judgment to become a lien on a debtor’s real property, filing a UCC financing statement is no substitute for docketing the judgment, for reasons explained by Chief Bankruptcy Judge Catherine J.....
Even when a debtor consents to the entry of judgment, the resulting judgment lien is a judicial lien subject to avoidance under Section 522(f), not a consensual lien that cannot be avoided as an.....
Questions under chapter 13 can be complex, but the issue confronting Bankruptcy Judge Laura K. Grandy of East St. Louis, Ill., was off the charts.
Two people purchased a car together, taking title in.....
Aggressive bankruptcy planning won’t necessarily result in a denial of discharge, as shown by a Sixth Circuit opinion reversing the bankruptcy court and directing the entry of discharge.
The Sixth.....
On an issue where the circuits are split, a magistrate judge in Chicago naturally followed the Seventh Circuit by dismissing a claim without prejudice where the debtor was pursuing contempt for.....
An appeal pending in the Seventh Circuit since 2016 may end up in the Supreme Court a year or two from now to resolve a circuit split over whether Section 505(a) grants jurisdiction to the bankruptcy.....
Three circuits now hold that chapter 13 trustees are not paid their fees when cases are dismissed before confirmation. In an opinion on March 3, the Seventh Circuit joined the Ninth and Tenth Circuits.....
A four-wheel, all-terrain vehicle is exempt as a “motor vehicle,” at least in Ohio. Bankruptcy Judge Mary Ann Whipple declined to engraft a “use” qualification onto the statutory language.
Judge.....