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.
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.....
An opinion from the Eighth Circuit shows the injustice that seemingly results from slavish adherence to the statute demanded by Law v. Segal, 571 U.S. 415 (2014), where the Supreme Court held that the.....
In the More Lenient Eighth Circuit, Debtors Knock Off 130,000 Dollars in Student Loans
A family with 33,600 dollars in annual take-home pay was able to discharge all but 23,900 dollars of 154,000.....
Lenders Admonished to Demand Nothing More in Plans than the Law Allows
When no one else would bother, Bankruptcy Judge LaShonda A Hunt of Chicago undertook the role of gatekeeper to prevent a lender.....
A Judgment Lien on Entireties Property Is Avoidable in Missouri, Eighth Circuit Says
May a debtor avoid a judicial lien on a homestead under Section 522 f when the judgment is against the debtor but.....
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.....
Bankruptcy Won’t Lift Suspension of a Driver’s License for Failure to Pay Traffic Fines
Filing a chapter 13 petition won’t force the state to renew a driver’s license that was suspended because the.....
Circuits Split on Trustee’s Ability to Extend the Dischargeability Deadline
On an issue where the circuits are split, Bankruptcy Judge Donald R. Cassling of Chicago ruled that a chapter 7 trustee has.....
Bankruptcy Appellate Panel Holds that an IRA from a Marital Property Settlement Is Not Exempt
Retirement accounts that a debtor received in a marital property settlement are not exempt in bankruptcy.....