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.
On an issue where the circuits are split, a magistrate judge in Chicago naturally followed the Seventh Circuit by dismissing a claim without prejudice where the debtor was pursuing contempt for.....
An appeal pending in the Seventh Circuit since 2016 may end up in the Supreme Court a year or two from now to resolve a circuit split over whether Section 505(a) grants jurisdiction to the bankruptcy.....
For standing to appeal, an individual chapter 7 debtor must substantiate allegations that the estate is solvent. “Speculative support” for the value of the assets will not suffice, the Seventh Circuit.....
A September 20 opinion from the Seventh Circuit reads like a suspense novel: For nine pages, Circuit Judge Frank H. Easterbrook sounded as though he was rejecting a test for “related to” jurisdiction.....
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Over a dissent, the Seventh Circuit ruled provisionally in a nonprecedential opinion that stays pending appeal should be.....