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.
Affirming the district court and the late Bankruptcy Judge Joseph M. Meier of Boise, Idaho, the Ninth Circuit held in a nonprecedential opinion that student loans to obtain a professional degree are.....
Without a motion by a creditor or party in interest, the bankruptcy court with the first bankruptcy case has the right, sua sponte, to transfer venue of a subsequently filed case by the same debtor or.....
In December, we reported on a decision where Bankruptcy Judge David T. Thuma of Albuquerque, N.M., held that he could avoid a judicial lien based on a judgment for fraud. In re Mirabal, 23-10862, 2024.....
The Ninth Circuit Bankruptcy Appellate Panel explained why “extremely narrow relief [is] available to a chapter 13 debtor who files bankruptcy to save [her] property after confirmation of a judicial.....
A district court in Minnesota ruled that a debtor is not required to arbitrate when the debtor sues the creditor for violating the automatic stay and discharge injunction. However, the January 13.....
Building on Bartenwerfer, Bankruptcy Judge Robert J. Faris of Honolulu held that a husband owed a nondischargeable debt because he was the beneficiary of funds that his wife had misappropriated from a.....
The Ninth Circuit Bankruptcy Appellate Panel wrote a decision teeing up a case where the Ninth Circuit can decide whether a claim for intentional infliction of emotional distress from a violation of.....
On a question where the lower courts are divided, the Ninth Circuit Bankruptcy Appellate Panel has decided that a prior decision by a state or federal court finding a violation of securities laws is.....
Laying the groundwork for the Supreme Court to grant certiorari and resolve a circuit split, the Ninth Circuit ruled that voluntary contributions to a retirement plan are not counted as disposable.....
The denial of compensation to a chapter 13 trustee when dismissal precedes confirmation does not offend the Due Process Clause of the Fifth Amendment, for multiple reasons explained by the Ninth.....