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.
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 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.....
Another court has sanctioned a necessarily cumbersome process to make bankruptcy affordable for those who need it most — namely, people so broke they can’t pay the filing fee, much less a retainer.
Ba.....