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.
A title lender in Alabama once again failed to defeat a debtor who renewed her loan just before filing a chapter 13 petition, but don’t count the lender out just yet. With every setback, the lender is.....
Employing state law, the Oregon Supreme Court reached the same conclusion as most federal courts: The trial court should allow the substitution of a bankruptcy trustee as the real party in interest.....
Once a debtor has completed plan payments, the bankruptcy court has power under Bankruptcy Rule 7070 to clear title by removing liens that were stripped off in the debtor’s chapter 13 plan.
In.....
Finding neither constitutional nor prudential standing to appeal, the Ninth Circuit permitted a chapter 7 trustee to sell a home out from underneath the debtors when the home was worth less than the.....
I am thrilled to briefly pinch-hit here at Rochelle’s Daily Wire, though I doubt that Bill actually knows how to take a “vacation.” For those who have followed RDW through the years, you know that.....
Splitting with the Tenth Circuit, a divided panel on the Ninth Circuit held that the post-petition appreciation in the value of a home belongs to creditors when a chapter 13 debtor converts the case.....
As long as the chapter 13 debtor completes payments under the plan as originally confirmed, Bankruptcy Judge Henry A. Callaway of Mobile, Ala., is allowing the debtor to keep any recovery resulting.....
Building on the Supreme Court’s decision in Wellness International, the Ninth Circuit closed loopholes to preclude a pro se litigant from reneging on implied consent to final adjudication by a non.....
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.....
Assume the debtor is liable as the transferee of a fraudulent transfer made by someone else who had actual intent to hinder, delay or defraud.
In Bartenwerfer v. Buckley, 143 S. Ct. 665 (Sup. Ct. Feb.....