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 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Over a dissent, the Seventh Circuit ruled provisionally in a nonprecedential opinion that stays pending appeal should be.....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.....
Courts Are Split on Breach of Contract Resulting in Nondischargeability
On an issue where the circuits are divided, Bankruptcy Judge David T Thuma of Albuquerque, New Mexico, decided that the door is.....
An Interest in Property as Joint Tenants with Right of Survivorship Drops Out of the Estate on Death of the Debtor
At least when joint tenancies with right of survivorship are involved, the common.....
Gift cards purchased before bankruptcy won’t qualify for an exemption beyond whatever cash the debtor could exempt, according to Chief Bankruptcy Judge Dale L. Somers of Topeka, Kan.
The husband and.....
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.....
Divorcing While Bankrupt Lays Traps for the Unwary
When divorce coincides with bankruptcy, the debtor’s matrimonial lawyer should take counsel from a bankruptcy expert to avoid the kind of mistakes.....
Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says
The advice of counsel defense only applies in discharge litigation if the debtor receives advice before taking action.....
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.....
Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments
Building on Law versus Siegel, a district judge in Kansas upheld Bankruptcy Judge Robert E. Nugent and ruled that the.....