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.
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.....
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.....
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.....