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.
Courts Are Split on Breach of Contract Resulting in Nondischargeability
On an issue where the circuits are divided, Bankruptcy Judge David T Thuma of Albuquerque, New Mexico, decided that the door is.....
An Interest in Property as Joint Tenants with Right of Survivorship Drops Out of the Estate on Death of the Debtor
At least when joint tenancies with right of survivorship are involved, the common.....
Gift cards purchased before bankruptcy won’t qualify for an exemption beyond whatever cash the debtor could exempt, according to Chief Bankruptcy Judge Dale L. Somers of Topeka, Kan.
The husband and.....
Divorcing While Bankrupt Lays Traps for the Unwary
When divorce coincides with bankruptcy, the debtor’s matrimonial lawyer should take counsel from a bankruptcy expert to avoid the kind of mistakes.....
Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says
The advice of counsel defense only applies in discharge litigation if the debtor receives advice before taking action.....
Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments
Building on Law versus Siegel, a district judge in Kansas upheld Bankruptcy Judge Robert E. Nugent and ruled that the.....
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.....
Tenth Circuit Opinion Can Be the Springboard for a Cert on the Automatic Stay
Predictably, the Tenth Circuit reaffirmed a deepening circuit split yesterday by holding that the automatic stay does not.....
Educational Loans from a Private Lender Are Held Dischargeable
Following what she called the trending narrow view, Bankruptcy Judge Kimberley H. Tyson of Denver ruled that not all educational loans.....