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.
Venue ping pong is a proper method for putting a case in the improper district, according to Bankruptcy Judge Nicholas W. Whittenburg.
Sitting in Chattanooga, Tenn., Judge Whittenburg’s courthouse is.....
Bankruptcy Judge Timothy A. Barnes of Chicago certified a question for the Seventh Circuit to decide on direct appeal: May a chapter 13 trustee be paid her fee if the case is dismissed before.....
Legitimate bankruptcy planning does not include electing to roll over $41,000 in tax refunds to a tax year after filing. Bankruptcy Judge Thomas J. Tucker denied a couple’s discharges under Section.....
The Supreme Court has yet to say whether enforcement of an arbitration agreement can bring a bankruptcy case to a grinding halt. More specifically, the Court has not said whether (or to what extent).....
Writing dicta in a nonprecedential opinion, Sixth Circuit Judge Amul R. Thapar cited Lexmark Int’l, Inc. v. Static Control Components, Inc., 572 U.S. 118 (2014), to conclude that the “person aggrieved.....
Drawing on Harris v. Viegelahn, Bankruptcy Judge LaShonda L. Hunt of Chicago held that a chapter 13 debtor’s attorney cannot be paid allowed compensation from funds in the hands of the chapter 13.....
The circuits are split 4/3 on the question of whether a real estate tax foreclosure can be attacked as a fraudulent transfer.
If the Sixth Circuit was correct in holding in an October 13 opinion that a.....
Welcome to a law student’s nightmare: the convergence of property law and bankruptcy.
If a debtor owns property as a joint tenant with right of survivorship, the trustee can’t sell the property if the.....
Proceeds from the prepetition sale of a homestead may be exempt under state law, but they’re not under federal exemptions, for reasons explained by the Sixth Circuit Bankruptcy Appellate Panel in.....
The amendments to Section 330(a) in 1994 do not bar courts from considering “results obtained” when making allowances of professional compensation, the Sixth Circuit held in an opinion on August 16.
Th.....