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.....
Bankruptcy Judge Michael B. Slade of Chicago said he was confronted with “competing lines of authority regarding how to allocate a tax refund between a debtor’s estate and a non-debtor spouse where.....
While it’s beginning to look at lot like Christmas, it’s also beginning to look like the accrual test will decide whether a claim belongs to the debtor, not to the debtor’s bankrupt estate. At the.....
When the Barton doctrine did not apply, the Eleventh Circuit achieved the same result by employing judicial immunity to insulate a bankruptcy trustee who made a mistake by seizing property belonging.....
Questions under chapter 13 can be complex, but the issue confronting Bankruptcy Judge Laura K. Grandy of East St. Louis, Ill., was off the charts.
Two people purchased a car together, taking title in.....
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.....
Over a dissent and in disagreement with the Collier treatise, the Eleventh Circuit created a circuit split by holding that real property with an alternative purpose is subject to the anti-modification.....
When there is an objection to confirmation, Section 1325(b)(1) requires the debtor to pay creditors in full or devote all “projected disposable income” to the payment of claims.
On a question where.....
The Eleventh Circuit twisted itself in knots to hold that neither Rooker-Feldman nor issue preclusion prevented the bankruptcy court from disregarding an erroneous state court decision saying that an.....
Bankruptcy is no get-out-of-jail-free card for someone who has disobeyed matrimonial court orders, as shown in an opinion by Bankruptcy Judge David D. Cleary of Chicago.
The January 19 decision by.....