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.
The Eleventh Circuit upheld $150,000 in sanctions imposed under Section 526(c)(5) on a self-described nationwide law for violating a settlement agreement with the bankruptcy administrator in the.....
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 tackle the issue, the Eleventh Circuit held that a chapter 13 plan by itself cannot assume an executory contract.
In an opinion on June 3 by Circuit Judge Kevin C. Newsom.....
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.....
Even though the debtor had not listed a contract among her executory contracts, all of the claims associated with the contract were discharged because the debtor had scheduled the counterparty as a.....
Even if the trustee blows the two-year statute of limitations for bringing an avoidance action to invalidate an unperfected lien, the trustee is not time-barred from objecting to the secured status of.....
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.....
A nonprecedential opinion from the Eleventh Circuit shows how Taggart v. Lorenzen allows courts to rule on contempt motions without actually deciding whether there was a violation of the discharge.....
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.....