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.
By consent, a chapter 11 plan can discharge an individual’s nondischargeable debt, even a matrimonial debt that is excepted from discharge under Section 523(a)(15).
The October 29 opinion by.....
Most of us would assume that a home owned by a married couple as tenants by the entireties would be exempt in all respects in all states. But no, that is not true in Illinois and states with similar.....
Did Segal Survive Butner in Defining Property of the Estate?
Following the Fifth and Seventh Circuits, Bankruptcy Judge Thomas L Perkins of Peoria, Illinois, joined those courts believing that Segal.....
Lenders Admonished to Demand Nothing More in Plans than the Law Allows
When no one else would bother, Bankruptcy Judge LaShonda A Hunt of Chicago undertook the role of gatekeeper to prevent a lender.....
The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral
Does the presumption of the validity and amount of the claim in Bankruptcy Rule 3001 f include the value ascribed.....
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.....
District Court Limits Bankruptcy Judges’ Ability to Enact Local Rules
A district court in Illinois limited the ability of bankruptcy judges to adopt local rules adding more requirements for confirming.....
Circuits Split on Trustee’s Ability to Extend the Dischargeability Deadline
On an issue where the circuits are split, Bankruptcy Judge Donald R. Cassling of Chicago ruled that a chapter 7 trustee has.....