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.
If a debtor has no “ascertainable” residence, the Internal Revenue Service cannot obtain a valid and enforceable tax lien on a debtor’s personal property, according to Bankruptcy Judge M. Ruthie Hagan.....
Because the secured lender gave the debtors no viable method for curing a default arising from the filing of a bankruptcy petition, Bankruptcy Judge Mike K. Nakagawa of Las Vegas held the lender in.....
Who gets the appreciation in a home when a chapter 13 case converts to chapter 7 after confirmation? Does the debtor keep the appreciation, or does it belong to the chapter 7 trustee?
It’s one of the.....
The Ninth Circuit Bankruptcy Appellate Panel held in a nonprecedential opinion that consumer debtors in chapter 7 have neither constitutional nor prudential standing to appeal an order selling their.....
In a state where an award of attorneys’ fees is reciprocal in an action on a contract, the prevailing party is not entitled to attorneys’ fees in a dischargeability suit if the court wasn’t required.....
Following nonjudicial foreclosure, a lender’s failure to report a deficiency as having been “abolished” (or discharged) establishes “inaccuracy” and opens the door to the “furnisher’s” liability under.....
If a court other than the bankruptcy court rules on a pending matter by handing down a decision after the bankruptcy filing, is the resulting order null and void as a violation of the automatic stay?
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Everyone knows that chapter 7 debtors seldom have standing to object to a trustee’s initiatives in bankruptcy court because they can’t show that the outcome will affect the debtor. But how strong a.....
Sanctions imposed on a creditor and its lawyers for violating the automatic stay and the discharge injunction may not be the end of the story. As demonstrated in a March 29 opinion by Bankruptcy Judge.....
With regard to exemptions, a debtor can’t be punished for dramatically shifting legal theories in response to an unfavorable decision by the bankruptcy court. That’s the teaching of a March 25 opinion.....