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.
In a case of first impression among the circuits, the Ninth Circuit held that misrepresentations made by individuals in chapter 11 about the value of a home will allow a later chapter 7 trustee to.....
Refusing to dismiss the chapter 7 petition by an individual who owned corporations that sold marijuana at retail, Bankruptcy Judge Dennis Montali of San Francisco said that the U.S. Trustee Program.....
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.....
Ruling on a question of first impression, the Ninth Circuit Bankruptcy Appellate Panel held that a debtor who claims an exemption equal to “100% fair market value” is entitled to retain postpetition.....
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.....
In a short sale after they were discharged and the trustee abandoned their home, the debtors were entitled to a mortgage interest deduction they didn’t actually pay in cash, the Ninth Circuit said.....
On an issue where the lower courts are split, the Ninth Circuit affirmed the Bankruptcy Appellate Panel by holding that an asset is not automatically abandoned if it was disclosed only in the.....
On an issue where the lower courts are divided, Bankruptcy Judge Marc Barreca of Seattle disagreed with the Tenth Circuit Bankruptcy Appellate Panel and a fellow bankruptcy judge in the Ninth Circuit.....
On an issue where courts are split, Chief Bankruptcy Judge Joseph M. Meier of Boise, Idaho, followed the Tenth Circuit Bankruptcy Appellate Panel by holding that post-petition appreciation in the.....
On an issue where the lower courts are split, the Ninth Circuit Bankruptcy Appellate Panel took sides with the majority by holding that an asset is not automatically abandoned if it was disclosed only.....