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.
Even though measured by the expenses incurred by the state disciplinary authorities, a district judge in Wisconsin sided with the Ninth Circuit and held that costs assessed against the lawyer were not.....
Bankruptcy Judge Jack B. Schmetterer of Chicago discharged about $73,000 in student loans owed by a 53-year-old single woman who had been unemployed for 16 months, had no income, was not eligible for.....
A decision from Illinois highlights two flaws in the U.S. health care system: (1) Even with health insurance, medical bills can force someone into bankruptcy; and (2) if medical bills are “consumer”.....
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.....
A district judge in Chicago reversed Bankruptcy Judge Janet S. Baer, who had ruled in December that having student loans exceeding the chapter 13 unsecured debt limit does not require dismissing an.....