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.
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Lenders Admonished to Demand Nothing More in Plans than the Law Allows
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Nonjudicial Foreclosure Is Not Subject to the FDCPA, Supreme Court Rules
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The Supreme Court Refuses to Revisit Dewsnup
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Supreme Court Is on the Road to Overruling Dewsnup
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Over a.....
Chicago Case May Resolve the Circuit Split on the New Value Defense
A case gestating in the Chicago bankruptcy court may lead to a petition for certiorari and a definitive ruling from the Supreme.....