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 Bankruptcy Appellate Panel painted itself into a corner in 2002 when it held that a bankruptcy court has no discretion to modify a discharge injunction under Section 524(a).
To avoid.....
Counsel in California, beware: The state’s reciprocal fee-shifting statute means that the losing side — whether it be the debtor, the trustee or the creditor — pays the adversary’s attorneys’ fees if.....
An attorney’s disciplinary proceeding offends neither the automatic stay nor the discharge injunction, for reasons explained by the Ninth Circuit Bankruptcy Appellate Panel.
The same is true even when.....
Sometimes, a trustee and a trustee’s professionals can be paid more than the distribution to unsecured creditors.
Explaining when the phenomenon may occur, Bankruptcy Judge Robert J. Faris said in his.....
If a debtor sues in federal district court seeking money damages for violating the automatic stay, the debtor is entitled to a jury trial. Right?
Wrong! Under Granfinanciera v. Nordberg, 492 U.S. 33.....
Avoiding a split of circuits, the Ninth Circuit affirmed the Bankruptcy Appellate Panel by holding that the exception in Section 1322(c)(2) permits a chapter 13 debtor to bifurcate a home mortgage.....
The exception in the automatic stay for “domestic violence” applies to claims for sexual abuse arising decades earlier, not only to claims of imminent or ongoing sexual abuse, says Bankruptcy Judge.....
The actions of a 13-year-old boy resulted in a $1 million default judgment against the parents based on vicarious liability. Unwilling to expand the Bartenwerfer holding, the Ninth Circuit Bankruptcy.....
Ruling on an issue that has “has divided and confounded bankruptcy courts for years,” Bankruptcy Judge Scott M. Grossman of Fort Lauderdale, Fla., decided that the “notice” referred to in Bankruptcy.....
Personal misconduct unrelated to someone’s activities as a chapter 7 trustee can result in removal as a panel trustee for “cause” under Section 324(a), according to a nonprecedential opinion from the.....