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.
The Ninth Circuit handed down a terse opinion on a homestead exemption that seemed on cursory reading to validate the practice of buying and burying an unfavorable decision.
The debtor owned a limited.....
For standing to appeal, an individual chapter 7 debtor must substantiate allegations that the estate is solvent. “Speculative support” for the value of the assets will not suffice, the Seventh Circuit.....
The Ninth Circuit and its Bankruptcy Appellate Panel have been at the forefront in criticizing Kelly v. Robinson, where the Supreme Court arguably departed from the language of the statute to achieve.....
If the law changes dramatically after confirmation of a plan, the Seventh Circuit tells us that the debtor must move within one year of confirmation to amend the plan. Otherwise, the debtor will be.....
Because the secured lender gave the debtors no viable method for curing a default arising from the filing of a bankruptcy petition, Bankruptcy Judge Mike K. Nakagawa of Las Vegas held the lender in.....
Who gets the appreciation in a home when a chapter 13 case converts to chapter 7 after confirmation? Does the debtor keep the appreciation, or does it belong to the chapter 7 trustee?
It’s one of the.....
The Ninth Circuit Bankruptcy Appellate Panel held in a nonprecedential opinion that consumer debtors in chapter 7 have neither constitutional nor prudential standing to appeal an order selling their.....
In a state where an award of attorneys’ fees is reciprocal in an action on a contract, the prevailing party is not entitled to attorneys’ fees in a dischargeability suit if the court wasn’t required.....
Following nonjudicial foreclosure, a lender’s failure to report a deficiency as having been “abolished” (or discharged) establishes “inaccuracy” and opens the door to the “furnisher’s” liability under.....
The lien on an impounded car in Chicago is a judicial lien that a debtor may avoid as an impairment of an exemption under Section 522(f), according to the Seventh Circuit.
In ruling on April 21 that.....