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 trustee can avoid a lien for a tax penalty. It stands to reason, does it not, that a debtor can avoid the same lien but preserve the lien for the debtor’s benefit, to the extent the lien impairs the.....
One of the great unanswered questions in consumer law these days is whether appreciation in the value of a home becomes part of the chapter 7 estate if the case converts from chapter 13. The courts.....
In Washington State, like other states that broadly exempt “public assistance,” the Ninth Circuit Bankruptcy Appellate Panel held that the Earned Income Tax Credit and the Additional Child Tax Credit.....
Affirming the Bankruptcy Appellate Panel, the Ninth Circuit narrowly defined a tax return, leaving debtors with nondischargeable tax debts if they didn’t file something that looks like traditional tax.....
On a question where the lower courts are split, District Judge R. Brooke Jackson of Denver sided with the majority, reversed the bankruptcy court and held that a chapter 13 trustee is not entitled to.....
A panel on the Ninth Circuit saw “no justification in federal law, state law, or logic” for the appeals court’s own precedents that result in the loss of debtors’ homestead exemptions.
The December 3 p.....
Debtors’ counsel have a problem. If a case converts to chapter 7 before confirmation of a chapter 13 plan, they might not be paid.
If a chapter 13 case is dismissed before confirmation, Section 1326(a).....
A terse, nonprecedential opinion from a circuit court takes on significance when it upholds a lower court decision on the cutting edge of the bankruptcy discharge.
So it was with a two-page, Ninth.....
Concluding that the Supreme Court’s Fulton decision overruled prior Ninth Circuit authority, the Ninth Circuit Bankruptcy Appellate Panel held that a creditor no longer violates any provision of the.....
The Ninth Circuit Bankruptcy Appellate Panel held that committing a “technical” violation of the automatic stay does not absolve the creditor of liability for a willful stay violation under Section.....