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.
Bankruptcy courts on occasion answer unresolved questions of state probate law. So it was when the Ninth Circuit Bankruptcy Appellate Panel held that the bankruptcy trustee’s interest in a debtor’s.....
Chief Bankruptcy Judge Dale L. Somers of Topeka, Kan., wrote two opinions keeping the chapter 12 door open for individuals who farm through LLCs or liquidated their farming assets but intend to.....
Requesting and obtaining continuances of a prepetition lawsuit against a debtor do not violate the automatic stay in Section 362(a), according to the Ninth Circuit Bankruptcy Appellate Panel.
In other.....
Judgment creditors were given permission under the Barton doctrine to conduct garnishment proceedings in state court to collect some $29,000 held by a chapter 13 trustee in a case that was dismissed.....
On an issue where the lower courts are split, the Ninth Circuit affirmed the Bankruptcy Appellate Panel by holding that an asset is not automatically abandoned if it was disclosed only in the.....
Ordinarily, a defendant will move heaven and earth to kick a fraudulent transfer suit out of bankruptcy court. When the shoe was on the other foot and the defendant was nailed in state court for.....
Concluding that Law v. Siegel, 571 U.S. 415 (2014), implicitly overruled its own precedent, the Ninth Circuit held on September 1 that a bankruptcy court must dismiss a chapter 13 case on motion by.....
If a creditor doesn’t cash a $230,000 distribution check on an allowed unsecured claim, is the chapter 7 debtor entitled to the funds 10 years later on the idea that the $230,000 represented a surplus.....
In a split decision, the two judges on the Ninth Circuit Bankruptcy Appellate Panel took sides with the minority of courts around the country by ruling in a nonprecedential opinion that a standing.....
A chapter 13 debtor filed a motion under Section 1307(b) for dismissal of right. Had he succeeded, the debtor would have been entitled to file again and attempt to discharge all his debts, because.....