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.
Arizona Judge Grants Discharge Despite Default on Direct Pay Mortgage
Adopting the minority interpretation, Bankruptcy Judge Madeleine C Wanslee of Phoenix decided that failure to make all direct.....
Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims
Constrained by the logic of In re Bellingham Ins. Agency Incorporated, although not by its holding, Bankruptcy Judge.....
Ninth Circuit Lays Down Additional Pleading Requirements for F C R A Complaints
In a 2 to 1 opinion, the Ninth Circuit raised the bar for consumer bankrupts to establish standing justifying a lawsuit.....
Deemed Allowed Claims Can Be Binding in Subsequent Litigation, Circuit Says
The validity and amount of a deemed allowed claim under Section 502 a can be binding in a subsequent litigation between the.....
The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral
Does the presumption of the validity and amount of the claim in Bankruptcy Rule 3001 f include the value ascribed.....
Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules
The bankruptcy stay did not extend the statute of limitations with regard to an administrative tax claim that the chapter 11.....
Defectively Executed Mortgages Are Still Avoidable in Ohio
The Ohio legislature didn’t go far enough to protect mortgage lenders from predation by bankruptcy trustees feasting on defectively executed.....
A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay
On pain of contempt for violating the automatic stay, a creditor must attempt to stop a nonbankruptcy court from continuing civil.....
Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart
The Sixth Circuit refused to allow an ambiguously written state statute to provide insulation from liability for violating the automatic.....
Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
Later this year, the Ninth Circuit will decide whether the civil contempt power enables a bankruptcy judge to jail someone for more than.....