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.
Trimming back the already narrow definition of standing laid down in Spokeo Inc. v. Robins, 578 U.S. 330 (2016), the Supreme Court held 5/4 on June 25 that “an injury in law is not an injury in fact.”.....
Reversing the Seventh Circuit and resolving a split among the circuits, the Supreme Court ruled unanimously today “that mere retention of property does not violate the [automatic stay in] section 362.....
The Supreme Court heard oral argument this morning in City of Chicago v. Fulton, 19-357 (Sup. Ct.), to resolve a circuit split and decide whether the automatic stay requires a creditor to turn over.....
With one notable exception, the late Justice Ruth Bader Ginsburg was consistently a dissenter who would have given more protection for consumers and provided greater relief for debtors in bankruptcy.....
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.....
The Supreme Court denied a petition for certiorari presenting a circuit split on Section 362(c)(3)(A) and the following question:
If a petition by an individual under chapters 7, 11 or 13 has been.....
The Supreme Court has postponed oral argument in City of Chicago v. Fulton until the new term to begin in October 2020.
In Fulton, the justices will resolve a split of circuits regarding the automatic.....
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.....
While closing one door, the Supreme Court opened another door today for debtors to argue that the statute of limitations does not begin to run until discovery of the existence of a claim under the.....
To give better definition to what is or is not a final, appealable order in a bankruptcy case, the Supreme Court heard oral argument in Ritzen Group Inc. v. Jackson Masonry LLC, 18-938 (Sup. Ct.). The.....