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.
In most of the country, creditors had been judged by an almost strict liability standard for violating the discharge injunction. A decision by Chief Bankruptcy Judge Scott W. Dales of Grand Rapids.....
Yesterday we reported a decision where Bankruptcy Judge Michelle M. Harner of Baltimore ruled that newly modified Bankruptcy Rule 3002(c)(6) did not give her discretion to allow a creditor to file a.....
Sixth Circuit to Rule on Deductions for Contributions to Retirement Accounts (Updated)
In dicta, the Sixth Circuit had said in 2012 that voluntary contributions to a 401(k) plan must be paid to.....
May a trustee recover from an immediate or mediate transferee if the recipient received proceeds from a fraudulent transfer but not the fraudulently transferred property itself?
Answering a question.....
Michigan Court Allows Curing a Chapter 13 Payment Default After Five Years
On an issue where the lower courts disagree, District Judge George Caram Steeh of Detroit sided with two circuit courts by.....
Earmarking Seems to Be a Dead Letter in the Tenth Circuit
The Tenth Circuit Bankruptcy Appellate Panel wrote an intriguing opinion finding that a triangular transaction was a preference. Without.....
F D C P A Plaintiffs Aren’t Required to Plead the Debt Collector’s Knowledge of Bankruptcy
A debt collector who sends a collection letter is not required to know there is a bankruptcy to violate the.....
Sixth Circuit Muses on Whether Prudential Standing Applies in Bankruptcy
Upholding dismissal of an appeal, the Sixth Circuit posed a plethora of questions about standing that would be worthy of.....
Reconstructed Time Records Are Ok in a POC for Pre-Filing Attorneys’ Fees
Reconstructed time records do not result automatically in the reduction or disallowance of a mortgage lender’s claim for.....
District Court Upholds Discharge of a Portion of Student Loan Debt
A district judge in Kansas upheld a decision handed down last year by Bankruptcy Judge Robert E Nugent of Wichita, Kansas, who ruled.....