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.
Although the courts are split on the standards justifying a hardship discharge, incarceration under any formulation does not warrant shedding debt.
Sometime around midyear, the Seventh Circuit will rule in Owens v. LVNV Funding LLC, possibly setting up a conflict of circuits, thereby allowing the Supreme Court to decide whether filing a proof of.....