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.
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.....
May a trustee recover from an immediate or mediate transferee if the recipient received proceeds from a fraudulent transfer but not the fraudulently transferred property itself?
Answering a question.....
Michigan Court Allows Curing a Chapter 13 Payment Default After Five Years
On an issue where the lower courts disagree, District Judge George Caram Steeh of Detroit sided with two circuit courts by.....
Earmarking Seems to Be a Dead Letter in the Tenth Circuit
The Tenth Circuit Bankruptcy Appellate Panel wrote an intriguing opinion finding that a triangular transaction was a preference. Without.....
Reconstructed Time Records Are Ok in a POC for Pre-Filing Attorneys’ Fees
Reconstructed time records do not result automatically in the reduction or disallowance of a mortgage lender’s claim for.....
District Court Upholds Discharge of a Portion of Student Loan Debt
A district judge in Kansas upheld a decision handed down last year by Bankruptcy Judge Robert E Nugent of Wichita, Kansas, who ruled.....
Bifurcated Fees for Destitute Chapter 7 Debtors Approved in Utah
To make chapter 7 accessible for those who can’t pay fees before filing, Bankruptcy Judge Kevin R Anderson of Salt Lake City laid down.....
Without Excusable Neglect, Debtors May Claim Exemption in Reopened Cases
Reversing bankruptcy courts, the Tenth Circuit Bankruptcy Appellate Panel held that a debtor can reopen a closed case to.....
Courts Are Split on Breach of Contract Resulting in Nondischargeability
On an issue where the circuits are divided, Bankruptcy Judge David T Thuma of Albuquerque, New Mexico, decided that the door is.....
An Interest in Property as Joint Tenants with Right of Survivorship Drops Out of the Estate on Death of the Debtor
At least when joint tenancies with right of survivorship are involved, the common.....