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.
The U.S. Supreme Court decided to hear two more bankruptcy cases this term. To resolve a split of circuits, the Court will rule in Lac du Flambeau whether Section 106 of the Bankruptcy Code abrogates.....
Hearing argument on December 6, the Supreme Court will decide in Bartenwerfer v. Buckley whether a debtor is saddled with a nondischargeable debt for a false representation or actual fraud under.....
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.....
In the term to begin this coming October, the Supreme Court will not be hearing cases raising two bankruptcy questions.
The Court will not decide (1) whether a refund is the proper remedy for a chapter.....
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.....
For the bankruptcy community, arbitration cases in the Supreme Court are important because the justices have never granted certiorari to decide whether arbitration agreements are generally enforceable.....
The Supreme Court granted certiorari this week to resolve a split of circuits and decide whether a debtor is saddled with a nondischargeable debt for a false representation or actual fraud under.....
We follow arbitration cases in the Supreme Court because the justices have never granted certiorari to decide whether arbitration agreements are generally enforceable in bankruptcy. For example, must.....
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.....