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.
For a judgment to become a lien on a debtor’s real property, filing a UCC financing statement is no substitute for docketing the judgment, for reasons explained by Chief Bankruptcy Judge Catherine J.....
District Judge Brett H. Ludwig of Milwaukee stepped into the middle of a split by holding that an individual debtor’s prior bankruptcy did not discharge liability on a personal guarantee for debts.....
On a question where the courts are split, Bankruptcy Judge Beth E. Hanan of Milwaukee extrapolated from Seventh Circuit authority to hold that a discharge terminates liability that arises after filing.....