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.
Stern Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U S C section 12 91
In a nonprecedential opinion, the Ninth Circuit identified one of the finer points of an appeals court’s.....
Sixth Circuit Opinion Shows the Importance of the Upcoming Obduskey Decision
An opinion by the Sixth Circuit underscores the significance of the upcoming decision by the Supreme Court in Obduskey.....
Wildcard Exemption Covered a Prepetition Malpractice Claim
Section 522 g does not bar an individual debtor from claiming a wildcard exemption over a prepetition malpractice suit against the debtor’s.....
Ninth Circuit Allows Counsel Fees when Debtor Successfully Appeals a Stay Violation
The Ninth Circuit became the first court of appeals to rule that a debtor is entitled to appellate counsel fees for.....
As an Exempt Asset, a Dog’s Value Is Priceless, Judge Collins Says
Although a dog may be the Debtor’s priceless, faithful and loved companion, the dog is nonetheless property in the eyes of the.....
Appreciation in a Home Is Exempt in California, But Not in Washington, Circuit Says
Perceiving a pivotal difference between the California and Washington State exemptions, the majority on a Ninth.....
Denial of Motion to Dismiss Chapter 13 Is Not Appealable, Bankruptcy Appellate Panel Says
Combining the Supreme Court’s Bullard decision with an opinion handed down by the Sixth Circuit on October 16.....
Courts Hopelessly Split on Modifying Mortgages on Mixed-Use Residential Properties
Until the Supreme Court speaks, courts at all levels will remain hopelessly split on the ability of debtors in.....
Functionally Illiterate, Disabled Debtor Succeeds in Discharging Student Loans
Building on existing Sixth Circuit authority, Bankruptcy Judge Mary Ann Whipple of Toledo, Ohio, held that eligibility.....
BAP Narrowly Reads Section 506(d) on Voiding Liens Following Claim Disallowance
A debtor may employ Section 506(d) to avoid a lien only if disallowance of the associated secured claim was based on the.....