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.
Following nonjudicial foreclosure, a lender’s failure to report a deficiency as having been “abolished” (or discharged) establishes “inaccuracy” and opens the door to the “furnisher’s” liability under.....
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.....
If a court other than the bankruptcy court rules on a pending matter by handing down a decision after the bankruptcy filing, is the resulting order null and void as a violation of the automatic stay?
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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.....
Sanctions imposed on a creditor and its lawyers for violating the automatic stay and the discharge injunction may not be the end of the story. As demonstrated in a March 29 opinion by Bankruptcy Judge.....
With regard to exemptions, a debtor can’t be punished for dramatically shifting legal theories in response to an unfavorable decision by the bankruptcy court. That’s the teaching of a March 25 opinion.....
Someone issuing a subpoena to a bankruptcy trustee in a criminal case or a lawsuit outside of bankruptcy court must first ask the bankruptcy court for permission to issue the subpoena in view of the B.....
Reaching an issue the Supreme Court left undecided in Ritzen, the Ninth Circuit held that denial of a stay-relief motion without prejudice can still be a final, appealable order.
The appeals court.....
In a short sale after they were discharged and the trustee abandoned their home, the debtors were entitled to a mortgage interest deduction they didn’t actually pay in cash, the Ninth Circuit said.....
Without actual notice, due process won’t allow a trustee to extend the two-year deadline for filing avoidance actions, even when the trustee hasn’t been able to identify the defendants.
In his February.....