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.....
In chapters 12 and 13, the courts are divided on whether a debtor must show “a substantial and unanticipated change in circumstances” to modify a confirmed plan.
Following Eighth Circuit dicta, the.....
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’s decision in Clark v. Rameker, 573 U.S. 122 (2014), does not mean that all inherited IRAs are not exempt. As explained by Chief Bankruptcy Judge Thad J. Collins of Cedar Rapids.....
Writing dicta in a nonprecedential opinion, Sixth Circuit Judge Amul R. Thapar cited Lexmark Int’l, Inc. v. Static Control Components, Inc., 572 U.S. 118 (2014), to conclude that the “person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.....
On an issue where the courts are widely divided, Chief Bankruptcy Judge Brian T. Fenimore of Kansas City, Mo., adopted the so-called estate-replenishment theory to conclude that appreciation in a home.....
Joining what he called the “slight minority of courts,” Chief Bankruptcy Judge Brian T. Fenimore of Kansas City, Mo., decided that the appreciation in the value of a homestead during a chapter 13 case.....
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.....
For a preference, the transfer occurs when property is placed in escrow or is delivered to the court to be held in custodia legis, according to Bankruptcy Judge William J. Fisher of St. Paul, Minn.
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.....