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.
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.....
Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
Later this year, the Ninth Circuit will decide whether the civil contempt power enables a bankruptcy judge to jail someone for more than.....
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Over a dissent, the Seventh Circuit ruled provisionally in a nonprecedential opinion that stays pending appeal should be.....
Stern Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U S C section 12 91
In a nonprecedential opinion, the Ninth Circuit identified one of the finer points of an appeals court’s.....
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.....
Ninth Circuit Allows Counsel Fees when Debtor Successfully Appeals a Stay Violation
The Ninth Circuit became the first court of appeals to rule that a debtor is entitled to appellate counsel fees for.....
District Court Limits Bankruptcy Judges’ Ability to Enact Local Rules
A district court in Illinois limited the ability of bankruptcy judges to adopt local rules adding more requirements for confirming.....
As an Exempt Asset, a Dog’s Value Is Priceless, Judge Collins Says
Although a dog may be the Debtor’s priceless, faithful and loved companion, the dog is nonetheless property in the eyes of the.....
Appreciation in a Home Is Exempt in California, But Not in Washington, Circuit Says
Perceiving a pivotal difference between the California and Washington State exemptions, the majority on a Ninth.....
Courts Split on Arbitrating Dischargeability of Student Loans
Unless the circuit courts are unanimous, the Supreme Court ultimately will decide whether individual debtors can be forced to arbitrate.....