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.
Supreme Court Hears Argument on Good Faith as Defense to Discharge Violation
The Supreme Court heard oral argument yesterday in Taggart versus Lorenzen to decide whether a good faith belief that a.....
Lenders Admonished to Demand Nothing More in Plans than the Law Allows
When no one else would bother, Bankruptcy Judge LaShonda A Hunt of Chicago undertook the role of gatekeeper to prevent a lender.....
Filing Tag-Team Bankruptcies Resulted in Suspension from Practice
By using tag-team bankruptcies and meritless tactics, a Wisconsin lawyer did succeed in forestalling foreclosure of her clients’ home.....
Nonjudicial Foreclosure Is Not Subject to the FDCPA, Supreme Court Rules
The Supreme Court ruled unanimously today that nonjudicial foreclosure is not subject to regulation by the federal Fair Debt.....
Seventh Circuit Bars Chapter 13 Plan from Conferring Immunity from Traffic Tickets
In a tightly worded, conversational opinion fraught with memorable quotations, Seventh Circuit Judge Frank.....
The Supreme Court Refuses to Revisit Dewsnup
The Supreme Court won’t be overruling Dewnsup this year, and probably never. Yesterday, the justices denied the petition for certiorari in Ritter v. Brady.....
Supreme Court Is on the Road to Overruling Dewsnup
On February 15, the Supreme Court will consider a petition for certiorari asking the justices to overrule the infamous Dewsnup decision.
Over a.....
Seventh Circuit Makes Stays Pending Appeal Automatic in Mortgage Foreclosures
Over a dissent, the Seventh Circuit ruled provisionally in a nonprecedential opinion that stays pending appeal should be.....
Chicago Case May Resolve the Circuit Split on the New Value Defense
A case gestating in the Chicago bankruptcy court may lead to a petition for certiorari and a definitive ruling from the Supreme.....
Newly Filed Certiorari Petitions Raise Circuit Splits on Finality and the Automatic Stay
Two newly filed petitions for certiorari ask the Supreme Court to decide whether 1 passively holding property.....