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.
Addressing a question that the Seventh Circuit hasn’t decided, Bankruptcy Judge David D. Cleary of Chicago “respectfully” disagreed with the Sixth Circuit and sided with the majority by holding that a.....
Narrowly interpreting Rooker-Feldman in light of more recent authority, a district judge in Tampa, Fla., held that the doctrine did not apply to someone who was not a party to the suit in state court.....
Bankruptcy Judge Timothy A. Barnes of Chicago certified a question for the Seventh Circuit to decide on direct appeal: May a chapter 13 trustee be paid her fee if the case is dismissed before.....
A decision by Bankruptcy Judge Jason A. Burgess of Jacksonville, Fla., could be read to mean that a creditor who has been notified about a debtor’s bankruptcy violates the automatic stay if the.....
The Supreme Court has yet to say whether enforcement of an arbitration agreement can bring a bankruptcy case to a grinding halt. More specifically, the Court has not said whether (or to what extent).....
While the courts are split, the majority permit a trustee using the so-called strong-arm power under Section 544(b) to extend the statute of limitations to six or 10 years by stepping into the shoes.....
Drawing on Harris v. Viegelahn, Bankruptcy Judge LaShonda L. Hunt of Chicago held that a chapter 13 debtor’s attorney cannot be paid allowed compensation from funds in the hands of the chapter 13.....
Welcome to a law student’s nightmare: the convergence of property law and bankruptcy.
If a debtor owns property as a joint tenant with right of survivorship, the trustee can’t sell the property if the.....
On a topic with sparse authority where the lower courts are divided, Bankruptcy Judge Caryl E. Delano of Ft. Myers, Fla., came down on the side of the debtor by holding that Social Security benefits.....
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.....