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.
An Order Directing Specific Performance Means the Contract Is Not Executory
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Supreme Court Agrees to Rule on What Is or Is Not a Final, Appealable Order
In addition to ruling on the effect of rejecting a trademark license, the Supreme Court yesterday agreed to review one.....
Direct Mortgage Payments Are Under the Plan, Ninth Circuit BAP Says
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Ninth Circuit Uses a Technicality to Keep a Marijuana Case Alive
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Still, the.....
Disciplinary Sanctions Held Nondischargeable Even Though Not Paid to the State
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Supreme Court Hears Argument on Good Faith as Defense to Discharge Violation
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Arizona Judge Grants Discharge Despite Default on Direct Pay Mortgage
Adopting the minority interpretation, Bankruptcy Judge Madeleine C Wanslee of Phoenix decided that failure to make all direct.....
Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims
Constrained by the logic of In re Bellingham Ins. Agency Incorporated, although not by its holding, Bankruptcy Judge.....
Ninth Circuit Lays Down Additional Pleading Requirements for F C R A Complaints
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