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.
Failing to amend a prepetition complaint to assert only post-petition claims resulted in a violation of the discharge injunction, even though the plaintiff in state court argued that it only intended.....
A chapter 13 debtor is stuck with the homestead declaration made on filing, even if the case is later converted to chapter 7, according to District Judge Robert N. Scola, Jr. of Miami, who upheld.....
The bankruptcy court does not have constitutional power to enter final judgment in a preference suit against a defendant who did not file a claim or consent to final adjudication in bankruptcy court.....
Attempting to collect a debt paid in full under a chapter 13 plan can violate the federal Fair Debt Collection Practices Act, or FDCPA, according to the Ninth Circuit.
Because the debtor was not.....
Attempting to collect a debt paid in full under a chapter 13 plan can violate the federal Fair Debt Collection Practices Act, or FDCPA, according to the Ninth Circuit.
Because the debtor was not.....
On remand from the Supreme Court, the debtor Bradley Taggart made more law, again in a losing effort. The Ninth Circuit interpreted Taggart v. Lorenzen, 139 S. Ct. 1795 (June 3, 2019), as having.....
Removing a debtor as a beneficiary of a revocable, inter vivos trust is not a transfer that a trustee can set aside. A contrary result “would turn the privacy of estate planning into a minefield for.....
Jointly Owned Property Is Presumptively Community Property in California
Armed with an answer from the California Supreme Court to a certified question, the Ninth Circuit held that property purchased.....
A member of the military may be able to claim a homestead exemption in a state where he or she does not reside, according to the Ninth Circuit Bankruptcy Appellate Panel. The principle does not apply.....
For the second time in a week, we report a decision where the Ninth Circuit had no sympathy for a lender who was asleep at the switch and woke up to find its mortgage wiped out.
This time, the San.....