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 Equal Access to Justice Act, or EAJA, someone who prevails over the federal government in litigation is entitled to the recovery of attorneys’ fees and expenses.
However, the Ninth Circuit.....
On a question where the courts are split, a district judge in Detroit upheld Bankruptcy Judge Thomas J. Tucker by ruling that Social Security benefits can be considered in deciding whether a chapter 7.....
Two judges agreed in their opinions on July 30: The CARES Act, enacted on March 27, cannot be invoked to confirm a chapter 13 plan with a seven-year duration if the plan was confirmed after March 27.....
The first court of appeals to address the question, the Ninth Circuit held that an individual can assume a personal property lease under Section 365(p) without reaffirming the debt with court approval.....
What a relief! The Ninth Circuit Bankruptcy Appellate Panel held that this year’s Acevedo decision from the Supreme Court does not bar bankruptcy courts from annulling the automatic stay. Except in.....
On an issue where the lower courts are split, the Ninth Circuit Bankruptcy Appellate Panel took sides with the majority by holding that an asset is not automatically abandoned if it was disclosed only.....
The Ninth Circuit Bankruptcy Appellate Panel habitually writes lengthy opinions with copious analysis of the facts and the law, just in case the appeal goes to the Ninth Circuit and is not well argued.....
Reversing the Bankruptcy Appellate Panel, the Ninth Circuit ruled that the bankruptcy court must confirm a chapter 13 plan with an estimated duration, so long as no creditor objects and all other.....
Reversing the Bankruptcy Appellate Panel, the Ninth Circuit inveighed against an expansive reading of Kelly v. Robinson, 479 U.S. 36 (1986), where the Supreme Court arguably departed from the language.....
Affirming the Bankruptcy Appellate Panel, the Ninth Circuit held that Section 506(d) does not void a lien if disallowance of the associated secured claim was based on a lack of standing to file the.....