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.
Ninth Circuit BAP Squarely Upholds Chapter 20: No Lien and No Claim Survive
At least when the debtor is eligible for a discharge in chapter 13, the Ninth Circuit Bankruptcy Appellate Panel squarely.....
Without citing the Taggart decision by the Supreme Court in June, the Seventh Circuit reversed the lower courts and held a creditor in contempt of the discharge injunction.
In Taggart v. Lorenzen, 139.....
At least when the debtor is eligible for a discharge in chapter 13, the Ninth Circuit Bankruptcy Appellate Panel squarely holds that a debtor may employ so-called chapter 20 to strip off an underwater.....
Most of us would assume that a home owned by a married couple as tenants by the entireties would be exempt in all respects in all states. But no, that is not true in Illinois and states with similar.....
How to Draft a Judgment to Be Nondischargeable in Bankruptcy
Ordinarily, a settlement agreement making a debt nondischargeable is not enforceable in bankruptcy. Indirectly, a district judge in San.....
Overpaying a D S O Doesn’t Result in a Nondischargeable Debt, Seventh Circuit Holds
The Seventh Circuit narrowly interpreted domestic support obligation in direct appeals from rulings by two.....
Hardship resulting from a self-inflicted disability (conviction for a felony) won’t justify discharging student loans, according to the Ninth Circuit Bankruptcy Appellate Panel.
A man incurred almost.....
Seventh Circuit Solidifies a Circuit Split on the Automatic Stay
Solidifying a split of circuits, the Seventh Circuit ruled that the City of Chicago must comply with the automatic stay by returning.....
Failure to Petition the Circuit Court for a Direct Appeal Requires Dismissal
Although Bankruptcy Rule 8006 g is not jurisdictional, a circuit court must dismiss an appeal if the appellant did not file.....
An Order Directing Specific Performance Means the Contract Is Not Executory
Once there is an order directing specific performance of a land sale contract, the contract is no longer an executory.....