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.
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.....
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.....
A terse, nonprecedential opinion from a circuit court takes on significance when it upholds a lower court decision on the cutting edge of the bankruptcy discharge.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.....
There is no “cause” for modifying the automatic stay when the creditor’s objective is to undo the consequences of disastrous litigation strategy, according to the Eleventh Circuit.
The November 16.....
Bankruptcy Judge Karen S. Jennemann of Orlando, Fla., used her common sense rather than slavish adherence to “plain language” to reach a result that Congress undoubtedly intended.
Fortunately, Judge.....
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.....
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.....
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.....