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.
Even though burdened with nondischargeable claims, an individual chapter 7 debtor lacks standing as a “party in interest” to object to a proof of claim, even if it’s the largest claim against the.....
If a chapter 13 case has been dismissed before confirmation, the Tenth Circuit Bankruptcy Appellate Panel seems inclined to allow judgment creditors to garnish funds that the trustee would otherwise.....
The debtors were entitled to retain a $46,5000 personal injury settlement they received in the “gap” period before filing their chapter 13 petition, according to Bankruptcy Judge Thomas B. McNamara of.....
A district court decision upholding Chief Bankruptcy Judge Dale L. Somers has two important holdings regarding the dischargeability of student loans: (1) Disposable income insufficient even to pay.....
A panel of Tenth Circuit judges disagreed about the extent of flexibility in deciding whether a bankruptcy court order is final and therefore appealable.
Two judges believe that simply finding an asset.....
A Sixth Circuit opinion demonstrates how a heavily indebted family of farmers could form new corporations to avoid payment of a $15 million judgment, without filing bankruptcy.
Three generations in a.....
The Sixth Circuit Bankruptcy Appellate Panel enforced the “person aggrieved” rule for appellate standing, even though more recent Supreme Court authority could be read to mean that “prudential.....
In an opinion dealing with a belated attempt at avoiding a judgment lien that impaired a homestead exemption, Bankruptcy Judge Russ Kendig of Canton, Ohio, all but said that failure to conduct a lien.....
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.....