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.
Splitting with two other circuits, the Sixth Circuit ruled that the bankruptcy court must dismiss a chapter 13 petition, even when the latest repeat filing was in bad faith.
The debtor bought a home.....
Someone who does not have legal residence in the U.S. will still qualify for a Florida homestead exemption if she has at least one family member in the home who “hopes” to gain legal residency and has.....
In a state that allows a couple to hold personal property as tenants by the entireties, a tax refund is not estate property if only one spouse is in bankruptcy, even when all income was earned by the.....
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.....
Sending anonymous text messages and emails alleging that the debtor engaged in “numerous extramarital affairs” does not violate the automatic stay, even if the sender is a creditor, according to.....
Just Asking for Confirmation from a Data Furnisher Won’t Bar an FCRA Suit, Circuit Says
Handing down an important decision on the federal Fair Credit Reporting Act, the Eleventh Circuit ruled that.....
The Eleventh Circuit ruled that the debtor’s discharge barred the holder of a nondischargeable debt from suing the debtor for fraudulently transferring estate property, even though the trustee had.....
A debtor who is not a U.S. citizen is not entitled to a Florida homestead exemption unless the debtor holds a so-called green card entitling the debtor to permanent residence in the U.S.
The debtor was.....
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.....