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.
Reversing the Bankruptcy Appellate Panel, the Ninth Circuit ruled that the bankruptcy court must confirm a chapter 13 plan with an estimated duration, so long as no creditor objects and all other.....
Reversing the Bankruptcy Appellate Panel, the Ninth Circuit inveighed against an expansive reading of Kelly v. Robinson, 479 U.S. 36 (1986), where the Supreme Court arguably departed from the language.....
The first court of appeals to tackle the issue, the Eleventh Circuit held that a chapter 13 plan by itself cannot assume an executory contract.
In an opinion on June 3 by Circuit Judge Kevin C. Newsom.....
Affirming the Bankruptcy Appellate Panel, the Ninth Circuit held that Section 506(d) does not void a lien if disallowance of the associated secured claim was based on a lack of standing to file the.....
This summer, the Supreme Court will consider granting certiorari to resolve a circuit split under Section 362(c)(3)(A).
The question is this: If a petition by an individual under chapters 7, 11 or 13.....
Even though the debtor had not listed a contract among her executory contracts, all of the claims associated with the contract were discharged because the debtor had scheduled the counterparty as a.....
Even if the trustee blows the two-year statute of limitations for bringing an avoidance action to invalidate an unperfected lien, the trustee is not time-barred from objecting to the secured status of.....
Splitting with the First Circuit, the Ninth Circuit Bankruptcy Appellate Panel held in late December that a chapter 13 debtor may retain the post-petition increase in value of a nonexempt asset.
Last.....
The Bankruptcy Appellate Panel for the Ninth Circuit held in substance that a bankruptcy court cannot decline to rule on a request for a comfort order and must tell a creditor whether its contemplated.....
Even if a claim is subject to a bona fide dispute, the claim is still included in the calculation to determine whether the debtor has too much debt to be eligible for chapter 13.
The facts would make.....