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.
In several circuits, complete disgorgement is the default sanction for a debtor’s attorney’s failure to disclose fee arrangements and payments.
To impose any lesser sanction requires “sound reasons.....
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.....
Adopting the broader, “plain language” interpretation of Section 554(c), District Judge Jill N. Parrish of Salt Lake City affirmed a decision by Bankruptcy Judge Joel T. Marker and held that an asset.....
On an issue where the lower courts are divided, Bankruptcy Judge Joseph G. Rosania, Jr. of Denver decided that the net proceeds from liquidation of an exempt asset belong to creditors under a chapter.....
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.....
Hard cases make bad law, but Bankruptcy Judge Elizabeth E. Brown of Denver took a hard case to make good law. Although the debtor was not a sympathetic character, Judge Brown reached a result implied.....
The PACER system for filing documents electronically in bankruptcy court is not user-friendly. Indeed, the system is tediously idiosyncratic and intolerant of the uninitiated.
Bankruptcy Judge R.....
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.....
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.....
Yesterday we reported a decision where Bankruptcy Judge Michelle M. Harner of Baltimore ruled that newly modified Bankruptcy Rule 3002(c)(6) did not give her discretion to allow a creditor to file a.....