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.....
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.....
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.....
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.....
On a question where the lower courts are split, Bankruptcy Judge A. Benjamin Goldgar of Chicago took sides with the minority by holding that violating a PACA trust does not give rise to denial of.....
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.....
The City of Chicago won a skirmish in the ongoing battle to determine whether debtors can use chapter 13 to recover possession of their impounded cars automatically without paying outstanding parking.....