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 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.....
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.....
Although neither owned nor controlled by the government, a federal credit union is a “governmental unit” entitled to additional time for filing a proof of claim, according to Bankruptcy Judge Robert H.....
On an issue where the courts are split, Bankruptcy Judge William T. Thurman of Salt Lake City ruled that the estate of a deceased debtor remains eligible for a chapter 13 discharge even though the.....
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.....
May a chapter 13 debtor retain the postpetition appreciation in the value of property?
In the context of amending a plan, Bankruptcy Judge Elizabeth E. Brown of Denver wrote the definitive opinion on.....
Intending to clear up ambiguity about the deadline for an individual to take a course in credit counseling before filing bankruptcy, Congress amended Section 109(h)(1) in 2010. The debate and.....
“No harm, no foul” can explain a “no call” in basketball, but the “concept does not have a parallel” in bankruptcy, the Tenth Circuit Bankruptcy Appellate Panel said.
The record in bankruptcy court.....
Bankruptcy Judge Mark A. Randon of Detroit ruled in substance that his district’s model chapter 13 plan violates the “plain language” of Section 1322(d)(1) by requiring payments for more than five.....