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.
Under the narrow interpretation of “personal injury tort,” a claim for defamation and a related claim for intentional infliction of emotional distress may be tried in bankruptcy court, according to.....
The fraudulent transfer of a debtor’s home to a revocable trust won’t put the debtor at risk of losing her homestead exemption, at least in Ohio, according to Bankruptcy Judge John P. Gustafson of.....
Falsifying financial records to defraud clients does not result in the denial of discharge under Section 727(a)(3) if the records are accurate and allow the trustee to ascertain the debtor’s financial.....
Proceeds from the sale of a homestead may be exempt under the laws of some states, but not under federal exemptions, even when proceeds are exempt in that state, according to Bankruptcy Judge Charles.....
The Sixth Circuit Bankruptcy Appellate Panel barred a debtor from using voluntary dismissal under Rule 41(a)(2) to avoid the consequences of discovery abuses. More specifically, the factual findings.....
Add the Sixth Circuit to the courts holding that real estate tax foreclosures can be attacked as fraudulent transfers despite BFP v. Resolution Trust, 511 U.S. 531 (1994), where the Supreme Court.....
There is no constitutional or statutory right of free access to the nationwide PACER system, even from terminals in the courthouse, according to a terse opinion from a Sixth Circuit judge on a pro se .....
Debtors’ counsel have a problem. If a case converts to chapter 7 before confirmation of a chapter 13 plan, they might not be paid.
If a chapter 13 case is dismissed before confirmation, Section 1326(a).....
The bankruptcy judges in the Western District of Kentucky have effectively banned so-called bifurcated fee arrangements where chapter 7 debtors pay counsel fees after filing. The October 5 opinion by.....
Over a dissent, the Sixth Circuit held that a debt collector’s failure to identify itself accurately does not give the creditor constitutional standing to file suit for violation of the federal Fair.....