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.
Another Workaround Following the Prohibition of Nunc Pro Tunc Orders
Even though the Supreme Court has virtually prohibited the entry of orders nunc pro tunc, a bankruptcy court is not precluded from.....
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.....
A $300,000 debt for life-saving, emergency medical treatment was not a “consumer” debt because it was not “voluntarily” incurred, according to Bankruptcy Judge C. Kathryn Preston of Columbus, Ohio.
A.....
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.....
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.....
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.....
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.....
F D C P A Plaintiffs Aren’t Required to Plead the Debt Collector’s Knowledge of Bankruptcy
A debt collector who sends a collection letter is not required to know there is a bankruptcy to violate the.....
The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral
Does the presumption of the validity and amount of the claim in Bankruptcy Rule 3001 f include the value ascribed.....
Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
Later this year, the Ninth Circuit will decide whether the civil contempt power enables a bankruptcy judge to jail someone for more than.....