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.
Section 1307(a) gives a chapter 13 debtor the right to dismiss when confronted with a motion for conversion to chapter 7.
The majority in a recent Sixth Circuit opinion held that the right to dismiss.....
Unlike the majority of courts, the Sixth Circuit doesn’t permit a chapter 13 debtor to surrender collateral, modify a confirmed plan and classify the deficiency as an unsecured claim.
Bound by Sixth.....
In the wake of Schwab v. Reilly, 560 U.S. 770 (2010), Bankruptcy Judge John E. Hoffman, Jr., of Columbus, Ohio, explained when a trustee must or cannot object to a homestead exemption claiming “100%.....
If a debtor’s income falls below the median after filing and before confirmation, the chapter 13 debtor is entitled to lower the monthly payments and shorten the term of the plan to 36 months, for.....
Courts are split over the interpretation of Section 362(c)(3). If a previous bankruptcy by an individual was dismissed within one year, does the automatic stay terminate automatically 30 days after.....
On an issue where the courts are split, Bankruptcy Judge Guy R. Humphrey of Dayton, Ohio, decided that a chapter 7 trustee was entitled to no compensation because the trustee had made no distributions.....
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.....
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.....
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.....