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.
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.....
For a preference, the transfer occurs when property is placed in escrow or is delivered to the court to be held in custodia legis, according to Bankruptcy Judge William J. Fisher of St. Paul, Minn.
The.....
Nine days apart, bankruptcy judges in Colorado and Minnesota disallowed so-called bifurcated fee arrangements where chapter 7 debtors paid nothing before filing. The two judges found multiple.....
On an issue where the circuits are split, Bankruptcy Judge Kathleen H. Sanberg of Minneapolis sided with the majority and held that “only a debt traceable to a securities law violation committed by a.....
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 Bankruptcy Code is a hash when it comes to saying how or whether a chapter 13 debtor must obtain court approval for incurring new debt — for instance, to purchase a car after confirmation.