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.
Last week, we reported on how Bankruptcy Judge M. Ruthie Hagan of Memphis, Tenn., interpreted the Supreme Court’s Till decision to mean that a fully secured holder of a second mortgage to be paid in.....
Sitting in the Sixth Circuit, Bankruptcy Judge M. Ruthie Hagan of Memphis, Tenn., decided that the Eighth Circuit had better authority interpreting Till and providing guidance for fixing the rate of.....
If a chapter 13 debtor dies before confirmation, it stands to reason that the case should be dismissed because the debtor can’t file a plan, has no regular income and can’t be examined by creditors.
Th.....
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.....
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.....
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.....