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.
How to Draft a Judgment to Be Nondischargeable in Bankruptcy
Ordinarily, a settlement agreement making a debt nondischargeable is not enforceable in bankruptcy. Indirectly, a district judge in San.....
Hardship resulting from a self-inflicted disability (conviction for a felony) won’t justify discharging student loans, according to the Ninth Circuit Bankruptcy Appellate Panel.
A man incurred almost.....
Upholding the denial of an exemption covering an individual retirement account, or IRA, the Eleventh Circuit explained why an IRA that would be exempt under federal law might not be exempt under state.....
An Order Directing Specific Performance Means the Contract Is Not Executory
Once there is an order directing specific performance of a land sale contract, the contract is no longer an executory.....
Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent
The Eleventh Circuit’s Bateman opinion, holding that the antimodification provision in Section 1322 b 2 takes precedence over a.....
Direct Mortgage Payments Are Under the Plan, Ninth Circuit BAP Says
Circuitously, the Ninth Circuit Bankruptcy Appellate Panel joined what it called the overwhelming majority of courts by concluding.....
Ninth Circuit Uses a Technicality to Keep a Marijuana Case Alive
The Ninth Circuit pushed back against the idea that a chapter 11 plan cannot be confirmed if there is a whiff of marijuana.
Still, the.....
Disciplinary Sanctions Held Nondischargeable Even Though Not Paid to the State
Discovery sanctions to be paid as part of state bar disciplinary proceedings are nondischargeable under Section 523 a 7.....
Eleventh Circuit Joins the Majority Restricting Collection Letters on Time-Barred Debts
On a question where the circuits are split, the Eleventh Circuit sided with the majority and held that an.....
Arizona Judge Grants Discharge Despite Default on Direct Pay Mortgage
Adopting the minority interpretation, Bankruptcy Judge Madeleine C Wanslee of Phoenix decided that failure to make all direct.....