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 ultimate outcome of a lawsuit in Chicago will determine whether bankruptcy courts have the power to entertain class actions where the damages for any one debtor are so small that individual.....
On an issue where the circuits are split, a magistrate judge in Chicago naturally followed the Seventh Circuit by dismissing a claim without prejudice where the debtor was pursuing contempt for.....
In Fulton, the Supreme Court ruled that the City of Chicago did not violate the automatic stay under Section 362(a)(3) by refusing to return impounded cars immediately after the owners filed chapter.....
The City of Chicago won a skirmish in the ongoing battle to determine whether debtors can use chapter 13 to recover possession of their impounded cars automatically without paying outstanding parking.....