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 Judge Christopher M. Klein decried the “widespread belief that student loans are virtually impossible to discharge in bankruptcy.”
In his April 5 opinion, Judge Klein said,
Only the most.....
Any day now, the Supreme Court will hand down a decision in MOAC to decide whether Section 363(m) of the Bankruptcy Code is jurisdictional or only a limitation on remedy. MOAC Holdings LLC v.....
An individual bankrupt’s interest in a limited partnership is akin to an option and isn’t an executory contract subject to automatic rejection 60 days after filing, according to Chief Bankruptcy Judge.....
Although the Supreme Court held in Clark v. Rameker, 573 U.S. 122 (2014), that an inherited individual retirement account is not exempt, the inheritance of survivor’s benefits under a pension plan can.....
In Los Angeles (as you’d expect), the first cracks are showing in the prohibition keeping cannabis businesses out of bankruptcy court.
The January 20 opinion by Bankruptcy Judge Neil W. Bason could be.....
The first court of appeals to rule on a question where the lower courts are widely split, the Tenth Circuit held that a chapter 13 trustee was not entitled to payment of her fee because the case was.....
Filing a complaint before the deadline is critically important and should be undertaken only by an expert — that is to say, by a paralegal who does it every day.
An amateur, like a lawyer, should not.....
All acts are void that violate the automatic stay, regardless of whether they are willful or merely technical, according to Bankruptcy Judge Christopher D. Jaime of Sacramento, Calif.
In his December 2.....
A trustee may not evade the transfer restrictions in the operating agreement of a limited liability company by selling only the “economic interest,” the Tenth Circuit Bankruptcy Appellate Panel said.....
A decision from the Ninth Circuit Bankruptcy Appellate Panel underscores the need for updating common and statutory law to deal with breakups in the “modern family” and concerns for spousal abuse.
Alth.....