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.
The Third Circuit’s long-vilified Frenville opinion is experiencing a rebirth in the Sixth Circuit, at least with regard to legal malpractice claims committed against the debtor. On January 26, the.....
Everything garnished from the debtor during the preference period is recoverable, even if part went to the creditor’s attorney under a charging lien, according to the Sixth Circuit.
The facts were.....
In September, the Ninth Circuit held that the Equal Access to Justice Act does not allow debtors to recover attorneys’ fees for reversing the bankruptcy court’s sua sponte denial of confirmation of a.....
When ruling on a motion to file a late appeal under Bankruptcy Rule 8002(d)(1)(B), the bankruptcy court must focus on the reason why the appellant missed the original deadline, not how long it took.....
Eventually, the Supreme Court will decide whether debtors can be compelled to arbitrate core and non-core disputes with creditors. For now, at least, courts in the Ninth Circuit are giving short.....
A payment to a debtor received within 180 days of bankruptcy as a death beneficiary under an individual retirement account is not estate property that the debtor must turn over to the trustee.....
Removing a debtor as a beneficiary of a revocable, inter vivos trust is not a transfer that a trustee can set aside. A contrary result “would turn the privacy of estate planning into a minefield for.....
Jointly Owned Property Is Presumptively Community Property in California
Armed with an answer from the California Supreme Court to a certified question, the Ninth Circuit held that property purchased.....
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.....