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.
When the sweeping language of a landmark Supreme Court opinion conflicted with the statute, Chief Bankruptcy Judge Phillip J. Shefferly of Detroit followed the statute.
In Harris v. Viegelahn, 575 U.S.....
This summer, the Supreme Court will consider granting certiorari to resolve a circuit split under Section 362(c)(3)(A).
The question is this: If a petition by an individual under chapters 7, 11 or 13.....
In August, Congress adopted the so-called HAVEN Act, which allows military veterans to exclude disability benefits from the calculation of “current monthly income.” In practical terms, the new law.....
The standards under Taggart limiting the imposition of contempt sanctions for violating the discharge injunction do not apply when the creditor’s violation of the automatic stay continues after.....
Addressing several issues where the courts are deeply split, Bankruptcy Judge Thomas J. Tucker of Detroit concluded that Social Security benefits can be considered in deciding whether a chapter 7.....
An opinion by Bankruptcy Judge Christopher M. Klein of Sacramento, Calif., is a hoot. It deserves reading in full text just for the entertainment value. If practices he describes are prevalent in the.....
In most of the country, creditors had been judged by an almost strict liability standard for violating the discharge injunction. A decision by Chief Bankruptcy Judge Scott W. Dales of Grand Rapids.....
By consent, a chapter 11 plan can discharge an individual’s nondischargeable debt, even a matrimonial debt that is excepted from discharge under Section 523(a)(15).
The October 29 opinion by.....
Sixth Circuit to Rule on Deductions for Contributions to Retirement Accounts (Updated)
In dicta, the Sixth Circuit had said in 2012 that voluntary contributions to a 401(k) plan must be paid to.....
How to Draft a Judgment to Be Nondischargeable in Bankruptcy
Ordinarily, a settlement agreement making a debt nondischargeable is not enforceable in bankruptcy. Indirectly, a district judge in San.....