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.
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.....
Chief Bankruptcy Judge Dale L. Somers of Topeka, Kan., wrote two opinions keeping the chapter 12 door open for individuals who farm through LLCs or liquidated their farming assets but intend to.....
Judgment creditors were given permission under the Barton doctrine to conduct garnishment proceedings in state court to collect some $29,000 held by a chapter 13 trustee in a case that was dismissed.....
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.....
Splitting with the Third and Seventh Circuits, the Tenth Circuit held that a chapter 13 debtor cannot cure a post-confirmation default on a mortgage after the five-year plan has expired. In other.....
Taking sides with the minority on a question where the lower courts are divided, the bankruptcy judges in Kansas decided that the fruits of a post-petition personal injury claim belong to the chapter.....
If a chapter 13 case has been dismissed before confirmation, the Tenth Circuit Bankruptcy Appellate Panel seems inclined to allow judgment creditors to garnish funds that the trustee would otherwise.....
The debtors were entitled to retain a $46,5000 personal injury settlement they received in the “gap” period before filing their chapter 13 petition, according to Bankruptcy Judge Thomas B. McNamara of.....
A district court decision upholding Chief Bankruptcy Judge Dale L. Somers has two important holdings regarding the dischargeability of student loans: (1) Disposable income insufficient even to pay.....
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.....