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 chapter 13 debtor is stuck with the homestead declaration made on filing, even if the case is later converted to chapter 7, according to District Judge Robert N. Scola, Jr. of Miami, who upheld.....
A decision from Illinois highlights two flaws in the U.S. health care system: (1) Even with health insurance, medical bills can force someone into bankruptcy; and (2) if medical bills are “consumer”.....
In 1991, the Supreme Court arguably ignored Section 522(f)(1) to achieve an equitable result in a matrimonial case that ended up in bankruptcy court. Farrey v. Sanderfoot, 500 U.S. 291 (1991). Last.....
Proceedings for contempt of the discharge injunction were not within the scope of an arbitration agreement, according to bankruptcy and district judges in Tampa, Florida.
A chapter 7 debtor scheduled.....
Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent
The Eleventh Circuit’s Bateman opinion, holding that the antimodification provision in Section 1322 b 2 takes precedence over a.....
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.....
Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal
In the first-ever appeal from the first decision on the question, a district judge in Florida upheld Bankruptcy Judge John K.....