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.
Chief Bankruptcy Judge Maureen A. Tighe of Woodland Hills, Calif., rejected the U.S. Trustee’s contention that Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, 140 S. Ct. 696.....
Law v. Siegel didn’t bar the bankruptcy court from employing equitable remedies in all circumstances, according to the Ninth Circuit.
The debtor was a lawyer who represented herself in the circuit. She.....
On an issue where the lower courts are divided, Bankruptcy Judge Marc Barreca of Seattle disagreed with the Tenth Circuit Bankruptcy Appellate Panel and a fellow bankruptcy judge in the Ninth Circuit.....
Even though measured by the expenses incurred by the state disciplinary authorities, a district judge in Wisconsin sided with the Ninth Circuit and held that costs assessed against the lawyer were not.....
By adopting an opinion by the Bankruptcy Appellate Panel “in full,” the Ninth Circuit has limited its own precedents constricting a debtor’s ability to exempt a homestead.
In Wolfe v. Jacobson (In re.....
On a question where the lower courts are split, Chief Bankruptcy Judge G. Michael Halfenger of Milwaukee decided that the fees paid for a chapter 13 debtor’s counsel must be taken into consideration.....
The Ninth Circuit Bankruptcy Appellate Panel explored what it called “the fringes of the bankruptcy discharge injunction” and the meaning of “personal liability of the debtor” in Section 524(a).
The.....
The federal and California moratoria on evictions during the Covid-19 pandemic did not apply in a bankruptcy case, “even if the property in question is [the debtor’s] residence,” according to.....
An individual chapter 7 debtor cannot assume a lease of personal property by reaffirming the debt under Section 524(c). For example, a debtor can only assume a car lease by assuming the lease under.....
Eventually, the Supreme Court will decide whether debtors can be compelled to arbitrate core and non-core disputes with creditors. For now, at least, courts in the Ninth Circuit are giving short.....