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.
Section 305, not Section 707, is the vehicle for a chapter 7 debtor to dismiss her own case as a result of “debtor’s remorse,” for reasons explained by Chief Bankruptcy Judge Scott M. Grossman of Fort.....
The chapter 7 trustee was on notice that a couple were claiming an unlimited Florida homestead exemption, although they were not entitled to the exemption because they had purchased the property too.....
With limited exceptions, traditional law says that chapter 7 debtors lack standing to object to proofs of claim. In a nonprecedential opinion, the Eleventh Circuit upheld dismissal of a debtor’s.....
Aligning itself with the Fifth Circuit plus dicta from the Second Circuit and the Supreme Court, the Eleventh Circuit held in a nonprecedential opinion that a bankruptcy court, and by extension a.....
A chapter 13 debtor who sustained a personal injury after filing was not required to pay the settlement proceeds to creditors, thanks to a decision by Bankruptcy Judge Henry A. Callaway of Mobile, Ala.....
On an issue where the lower courts are split, the Eleventh Circuit held that the Supreme Court’s decision in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, 589 U.S. 57 (2020.....
Applying analogies to tort law, the Seventh Circuit held that comparative fault requires a reduction of a debtor’s recovery of compensatory damages for a violation of the discharge injunction.
For the.....
Courts are split over the interpretation of Section 362(c)(3). If a previous bankruptcy by an individual was dismissed within one year, does the automatic stay terminate automatically 30 days after.....
Before a chapter 13 debtor received a discharge, he sustained a personal injury and conceded that the resulting PI claim would be estate property earmarked for creditors under Eleventh Circuit.....
The exception in the automatic stay for “domestic violence” applies to claims for sexual abuse arising decades earlier, not only to claims of imminent or ongoing sexual abuse, says Bankruptcy Judge.....