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.
The Ninth Circuit bent over backwards to hold that sovereign immunity protects a state from the imposition of compensatory and punitive damages for filing an involuntary bankruptcy petition that was.....
In a case of first impression among the circuits, the Ninth Circuit held that misrepresentations made by individuals in chapter 11 about the value of a home will allow a later chapter 7 trustee to.....
Parsing two decisions from the U.S. Supreme Court, the Tenth Circuit Bankruptcy Appellate Panel decided that nondischargeability for actual fraud under Section 523(a)(2)(A) demands justifiable.....
A decision from the Ninth Circuit Bankruptcy Appellate Panel is emblematic of courts inveighing against Kelly v. Robinson, 479 U.S. 36 (1986), where the Supreme Court held that criminal restitution is.....
Refusing to dismiss the chapter 7 petition by an individual who owned corporations that sold marijuana at retail, Bankruptcy Judge Dennis Montali of San Francisco said that the U.S. Trustee Program.....
Bankruptcy Judge Joseph G. Rosania, Jr., of Denver told holders of judicial liens how to prevent loss of their liens if chapter 13 debtors avoid the liens as impairments on homestead exemptions, but.....
The Ninth Circuit tells us that a claim of a debtor belongs to the estate if the claim is based on a course of conduct that began before bankruptcy and continues after filing. The debtor isn’t even.....
Is a chapter 7 trustee paid anything if the trustee discovers nonexempt property that would pay creditors in full but the case converts to chapter 13 before the trustee makes distributions?
In his May.....
One day apart, bankruptcy judges in the Ninth Circuit disagreed on the availability of emotional distress damages to remedy violations of the discharge injunction in Section 524.
Relying on authorities.....
In chapter 7, the retainer that an individual debtor pays to his or her lawyer likely will not require the lawyer to defend adversary proceedings, such as those attacking the dischargeability of a.....