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.
Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent
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Did Segal Survive Butner in Defining Property of the Estate?
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Lenders Admonished to Demand Nothing More in Plans than the Law Allows
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Eleventh Circuit Joins the Majority Restricting Collection Letters on Time-Barred Debts
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Filing Tag-Team Bankruptcies Resulted in Suspension from Practice
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Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal
In the first-ever appeal from the first decision on the question, a district judge in Florida upheld Bankruptcy Judge John K.....
Tardy Recordation of a Mortgage Not Salvaged by Relation-Back Arguments
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Seventh Circuit Bars Chapter 13 Plan from Conferring Immunity from Traffic Tickets
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Chicago Case May Resolve the Circuit Split on the New Value Defense
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