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.
The Eleventh Circuit upheld $150,000 in sanctions imposed under Section 526(c)(5) on a self-described nationwide law for violating a settlement agreement with the bankruptcy administrator in the.....
The first court of appeals to tackle the issue, the Eleventh Circuit held that a chapter 13 plan by itself cannot assume an executory contract.
In an opinion on June 3 by Circuit Judge Kevin C. Newsom.....
Even though the debtor had not listed a contract among her executory contracts, all of the claims associated with the contract were discharged because the debtor had scheduled the counterparty as a.....
Even if the trustee blows the two-year statute of limitations for bringing an avoidance action to invalidate an unperfected lien, the trustee is not time-barred from objecting to the secured status of.....
Bankruptcy Judge Jack B. Schmetterer of Chicago discharged about $73,000 in student loans owed by a 53-year-old single woman who had been unemployed for 16 months, had no income, was not eligible for.....
A nonprecedential opinion from the Eleventh Circuit shows how Taggart v. Lorenzen allows courts to rule on contempt motions without actually deciding whether there was a violation of the discharge.....
Widening an existing split of circuits, the Eleventh Circuit rejected the one-day-late rule adopted by three circuits and held that a tax debt can be discharged even if the return was filed late.
The.....
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.....
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.....
Knowledge of a debtor’s fraud before discharge precludes the revocation of discharge under Section 727(d)(1). However, knowledge before discharge that the debtor fraudulently took estate property does.....