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.
Unlike the majority of courts, the Sixth Circuit doesn’t permit a chapter 13 debtor to surrender collateral, modify a confirmed plan and classify the deficiency as an unsecured claim.
Bound by Sixth.....
For every rule, there’s an exception.
On January 30, we reported the Paris decision by Bankruptcy Judge David D. Cleary of Chicago, which could be read (improperly) to mean that a division of marital.....
On a question where courts disagree, Bankruptcy Judge Denise E. Barnett of Memphis, Tenn., has held that a chapter 13 debtor may retain exempt proceeds from a personal injury settlement because.....
Venue ping pong is a proper method for putting a case in the improper district, according to Bankruptcy Judge Nicholas W. Whittenburg.
Sitting in Chattanooga, Tenn., Judge Whittenburg’s courthouse is.....
If a debtor has no “ascertainable” residence, the Internal Revenue Service cannot obtain a valid and enforceable tax lien on a debtor’s personal property, according to Bankruptcy Judge M. Ruthie Hagan.....
Everyone knows that chapter 7 debtors seldom have standing to object to a trustee’s initiatives in bankruptcy court because they can’t show that the outcome will affect the debtor. But how strong a.....
Falsifying financial records to defraud clients does not result in the denial of discharge under Section 727(a)(3) if the records are accurate and allow the trustee to ascertain the debtor’s financial.....
Even though burdened with nondischargeable claims, an individual chapter 7 debtor lacks standing as a “party in interest” to object to a proof of claim, even if it’s the largest claim against the.....