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.
Under any of the three tests, allegations of domestic abuse are “personal injury tort claims” under Section 157(b)(5), according to the Eighth Circuit Bankruptcy Appellate Panel.
Of greater.....
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.....
The Eighth Circuit wrote an opinion covering a multitude of preference issues that arise when a bank pays a check creating an overdraft and later receives a transfer from the debtor covering the.....