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.
Bankruptcy Judge Karen S. Jennemann of Orlando, Fla., used her common sense rather than slavish adherence to “plain language” to reach a result that Congress undoubtedly intended.
Fortunately, Judge.....
The cap on a so-called landlord claim under Section 502(a)(6) does not prevent the court from barring discharge of the claim under Section 523(a)(2)(A), even if the reduced claim was paid in an.....
The Middle District of Florida is on a roll. For the third day in a row, we are reporting on decisions from Orlando and Jacksonville.
Today, we report how Bankruptcy Judge Jerry A. Funk of Jacksonville.....
If tribal law is written correctly, a tribe member’s share of gaming revenue is not estate property under Section 541(a), even if state law might give a different result, according to Chief Bankruptcy.....
The Eighth Circuit Bankruptcy Appellate Panel approved a bifurcated fee arrangement, so long as the chapter 7 debtor pays nothing more after filing than would have been paid if the retainer were paid.....
Someone who does not have legal residence in the U.S. will still qualify for a Florida homestead exemption if she has at least one family member in the home who “hopes” to gain legal residency and has.....
In a state that allows a couple to hold personal property as tenants by the entireties, a tax refund is not estate property if only one spouse is in bankruptcy, even when all income was earned by the.....
Sending anonymous text messages and emails alleging that the debtor engaged in “numerous extramarital affairs” does not violate the automatic stay, even if the sender is a creditor, according to.....
A debtor who is not a U.S. citizen is not entitled to a Florida homestead exemption unless the debtor holds a so-called green card entitling the debtor to permanent residence in the U.S.
The debtor was.....
Bankruptcy Judge Roberta A. Colton of Tampa, Fla., socked a law firm with $10,500 in sanctions for violating the discharge injunction.
The lesson to be learned: When confronted with a discharge.....