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.
Picture this: A corporation purchases goods from a retailer using a credit card. Right in the store, an employee for the corporate buyer turns the goods over to an affiliate of the buyer. The.....
The Seventh Circuit wrote an opinion to explain why the “clear and convincing” standard of proof for a turnover action that prevailed under the former Bankruptcy Act was replaced by a “preponderance.....
While the courts are split, the majority permit a trustee using the so-called strong-arm power under Section 544(b) to extend the statute of limitations to six or 10 years by stepping into the shoes.....