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.
Nonjudicial Foreclosure Is Not Subject to the FDCPA, Supreme Court Rules
The Supreme Court ruled unanimously today that nonjudicial foreclosure is not subject to regulation by the federal Fair Debt.....
The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral
Does the presumption of the validity and amount of the claim in Bankruptcy Rule 3001 f include the value ascribed.....
The Supreme Court Refuses to Revisit Dewsnup
The Supreme Court won’t be overruling Dewnsup this year, and probably never. Yesterday, the justices denied the petition for certiorari in Ritter v. Brady.....
Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
Later this year, the Ninth Circuit will decide whether the civil contempt power enables a bankruptcy judge to jail someone for more than.....
Supreme Court Is on the Road to Overruling Dewsnup
On February 15, the Supreme Court will consider a petition for certiorari asking the justices to overrule the infamous Dewsnup decision.
Over a.....
Stern Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U S C section 12 91
In a nonprecedential opinion, the Ninth Circuit identified one of the finer points of an appeals court’s.....
Newly Filed Certiorari Petitions Raise Circuit Splits on Finality and the Automatic Stay
Two newly filed petitions for certiorari ask the Supreme Court to decide whether 1 passively holding property.....
Supreme Court Tackles Nonjudicial Foreclosure and the FDCPA. Homeowners Might Win
To resolve a split among the circuits, the Supreme Court held oral argument on January 7 to decide whether nonjudicial.....
Supreme Court Decision on Arbitration Has Ominous Implications for Bankruptcy
Justice Brett M. Kavanaugh wrote his first opinion for the Supreme Court in what The New York Times called a minor.....
Supreme Court Grants Cert to Decide Whether Good Faith Is a Defense to Contempt
On Friday afternoon, the Supreme Court granted certiorari in Taggart versus Lorenzen to decide whether good faith is a.....