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.
The Ninth Circuit and its Bankruptcy Appellate Panel have been at the forefront in criticizing Kelly v. Robinson, where the Supreme Court arguably departed from the language of the statute to achieve.....
On a topic with sparse authority where the lower courts are divided, Bankruptcy Judge Caryl E. Delano of Ft. Myers, Fla., came down on the side of the debtor by holding that Social Security benefits.....
Because the secured lender gave the debtors no viable method for curing a default arising from the filing of a bankruptcy petition, Bankruptcy Judge Mike K. Nakagawa of Las Vegas held the lender in.....
Who gets the appreciation in a home when a chapter 13 case converts to chapter 7 after confirmation? Does the debtor keep the appreciation, or does it belong to the chapter 7 trustee?
It’s one of the.....
The Ninth Circuit Bankruptcy Appellate Panel held in a nonprecedential opinion that consumer debtors in chapter 7 have neither constitutional nor prudential standing to appeal an order selling their.....
In a state where an award of attorneys’ fees is reciprocal in an action on a contract, the prevailing party is not entitled to attorneys’ fees in a dischargeability suit if the court wasn’t required.....
Following nonjudicial foreclosure, a lender’s failure to report a deficiency as having been “abolished” (or discharged) establishes “inaccuracy” and opens the door to the “furnisher’s” liability under.....
To bar discharge of a debt for violation of securities laws, Bankruptcy Judge Peter D. Russin of Fort Lauderdale, Fla., held that the debtor must have been a party in the lawsuit finding a violation.....
If a court other than the bankruptcy court rules on a pending matter by handing down a decision after the bankruptcy filing, is the resulting order null and void as a violation of the automatic stay?
“.....
Sanctions imposed on a creditor and its lawyers for violating the automatic stay and the discharge injunction may not be the end of the story. As demonstrated in a March 29 opinion by Bankruptcy Judge.....