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.
A law firm has no right to a jury trial and cannot withdraw the reference when the U.S. Trustee goes after sanctions and an injunction for violating Section 526, according to District Judge J. Phil.....
Chapter 13 can sometimes protect recipients of preferences, as shown in an opinion by Bankruptcy Judge William A. Altenberger of Peoria, Ill.
The debtor had made $8,000 in payments to family members.....
In Fulton, the Supreme Court ruled that the City of Chicago did not violate the automatic stay under Section 362(a)(3) by refusing to return impounded cars immediately after the owners filed chapter.....
Anyone who gambles incessantly risks bankruptcy and the denial of discharge without adequate documentation of gambling losses.
Bankruptcy Judge Timothy A. Barnes of Chicago wrote an opinion listing.....
If you want a good cry, read the latest installment in the eight-year saga by a single mother of two teenage children with $112,000 in student loans. She was morbidly obese, suffered from diabetes.....
A district judge in Chicago lamented how the Supreme Court and the Seventh Circuit have curtailed the ability of federal courts to enforce some consumer protection laws.
A discharged bankrupt filed a.....
A bankruptcy judge once said, “It’s an unwritten rule in this district that every chapter 13 debtor must total at least one car during the pendency of his or her case.”
Here’s the question: Who gets.....
Bankruptcy Judge Timothy A. Barnes of Chicago displayed tools a judge can use to help a debtor who may have had a meritorious defense but could not afford to defend a dischargeability suit.
The.....
Auto owners in Chicago sustained a defeat when the Supreme Court held on January 14 that refusing to turn over an impounded car does not violate the automatic stay in Section 362(a)(3). Consequently.....
If a chapter 7 case is converted to chapter 13 after the debtor receives a discharge, creditors with discharged claims are entitled to the allowance of their claims in chapter 13, according to.....