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.
Creating a split of circuits, the Tenth Circuit held that the 14-day deadline for filing an appeal from a bankruptcy court’s order is not jurisdictional.
Bankruptcy Rule 8002(a)(1) is nonetheless.....
In Acevedo, the Supreme Court banned nunc pro tunc orders as they were often used by bankruptcy courts. Bankruptcy Judge Christopher D. Jaime of Sacramento, Calif., explained why Acevedo did not bar.....
Bankruptcy Judge Mark A. Randon of Detroit ruled in substance that his district’s model chapter 13 plan violates the “plain language” of Section 1322(d)(1) by requiring payments for more than five.....
Under the Equal Access to Justice Act, or EAJA, someone who prevails over the federal government in litigation is entitled to the recovery of attorneys’ fees and expenses.
However, the Ninth Circuit.....
Someone who depends on charity from her parents to pay rent and medical expenses is entitled to discharge her student loans, according to Bankruptcy Judge Russ Kendig of Canton, Ohio.
In other words.....
On a question where the courts are split, a district judge in Detroit upheld Bankruptcy Judge Thomas J. Tucker by ruling that Social Security benefits can be considered in deciding whether a chapter 7.....
Two judges agreed in their opinions on July 30: The CARES Act, enacted on March 27, cannot be invoked to confirm a chapter 13 plan with a seven-year duration if the plan was confirmed after March 27.....
The first court of appeals to address the question, the Ninth Circuit held that an individual can assume a personal property lease under Section 365(p) without reaffirming the debt with court approval.....
Another Workaround Following the Prohibition of Nunc Pro Tunc Orders
Even though the Supreme Court has virtually prohibited the entry of orders nunc pro tunc, a bankruptcy court is not precluded from.....
What a relief! The Ninth Circuit Bankruptcy Appellate Panel held that this year’s Acevedo decision from the Supreme Court does not bar bankruptcy courts from annulling the automatic stay. Except in.....