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.
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.....
A standing chapter 13 trustee in Idaho twice appealed the denial of her fees because the cases were dismissed before plan confirmation. She won both times, once in the Bankruptcy Appellate Panel in.....
If a chapter 13 plan cures arrears on a secured claim, is the lender entitled to interest on the arrears to be paid over time?
Bankruptcy Judge Robert J. Faris of Hawaii ruled that the lender is.....
Now that the Eleventh Circuit has seemingly abolished the Barton doctrine as protection for estate professionals after bankruptcy cases have closed, an opinion by Bankruptcy Judge Erik P. Kimball.....
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.....
A bankruptcy judge in Savannah, Ga., said that a nonprecedential opinion by the Eleventh Circuit was “unpersuasive.” Instead, he followed an earlier precedential opinion from the Eleventh Circuit on a.....
The Eleventh Circuit held that Section 505(a)(2)(C), added by the 2005 BAPCPA amendments, did not have improper retroactive effect. The section bars bankruptcy courts from determining the amount of.....
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.....