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 Sixth Circuit widened an existing split on mooting appeals from sale orders and went on to hold that a consumer cannot claim a homestead exemption without equity in her residence, even if the.....
Michigan is a state where a consent judgment cannot be used to establish collateral estoppel, also known as issue preclusion.
Suppose you have an appeal in the circuit court from an order originally entered in bankruptcy court. If the parties agree to settle, what’s the proper procedure?