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.
Anyone who gambles incessantly risks bankruptcy and the denial of discharge without adequate documentation of gambling losses.
Bankruptcy Judge Timothy A. Barnes of Chicago wrote an opinion listing.....
The bankruptcy judges in the Western District of Kentucky have effectively banned so-called bifurcated fee arrangements where chapter 7 debtors pay counsel fees after filing. The October 5 opinion by.....
A district judge in Chicago lamented how the Supreme Court and the Seventh Circuit have curtailed the ability of federal courts to enforce some consumer protection laws.
A discharged bankrupt filed a.....
Over a dissent, the Sixth Circuit held that a debt collector’s failure to identify itself accurately does not give the creditor constitutional standing to file suit for violation of the federal Fair.....
Congress needs to fix the mess it made in Section 541(b)(7) and say clearly whether chapter 13 debtors are entitled to make voluntary contributions to 401(k) retirement plans. As it now stands, there.....
Splitting with two other circuits, the Sixth Circuit ruled that the bankruptcy court must dismiss a chapter 13 petition, even when the latest repeat filing was in bad faith.
The debtor bought a home.....
Even though burdened with nondischargeable claims, an individual chapter 7 debtor lacks standing as a “party in interest” to object to a proof of claim, even if it’s the largest claim against the.....
Bankruptcy Judge Timothy A. Barnes of Chicago displayed tools a judge can use to help a debtor who may have had a meritorious defense but could not afford to defend a dischargeability suit.
The.....
A Sixth Circuit opinion demonstrates how a heavily indebted family of farmers could form new corporations to avoid payment of a $15 million judgment, without filing bankruptcy.
Three generations in a.....
The Sixth Circuit Bankruptcy Appellate Panel enforced the “person aggrieved” rule for appellate standing, even though more recent Supreme Court authority could be read to mean that “prudential.....