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.
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.....
Did Segal Survive Butner in Defining Property of the Estate?
Following the Fifth and Seventh Circuits, Bankruptcy Judge Thomas L Perkins of Peoria, Illinois, joined those courts believing that Segal.....
Lenders Admonished to Demand Nothing More in Plans than the Law Allows
When no one else would bother, Bankruptcy Judge LaShonda A Hunt of Chicago undertook the role of gatekeeper to prevent a lender.....
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.....
Filing Tag-Team Bankruptcies Resulted in Suspension from Practice
By using tag-team bankruptcies and meritless tactics, a Wisconsin lawyer did succeed in forestalling foreclosure of her clients’ home.....
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.....
Seventh Circuit Bars Chapter 13 Plan from Conferring Immunity from Traffic Tickets
In a tightly worded, conversational opinion fraught with memorable quotations, Seventh Circuit Judge Frank.....
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.....
Defectively Executed Mortgages Are Still Avoidable in Ohio
The Ohio legislature didn’t go far enough to protect mortgage lenders from predation by bankruptcy trustees feasting on defectively executed.....