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.....
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.....
Following its own precedent and declining the government’s invitation to create a circuit split, the Ninth Circuit held that the doctrine of recoupment “is not permissible where, as here, [the Social.....
The Ninth Circuit Bankruptcy Appellate Panel explained why “extremely narrow relief [is] available to a chapter 13 debtor who files bankruptcy to save [her] property after confirmation of a judicial.....
The Ninth Circuit Bankruptcy Appellate Panel wrote a decision teeing up a case where the Ninth Circuit can decide whether a claim for intentional infliction of emotional distress from a violation of.....
One day apart, bankruptcy judges in the Ninth Circuit disagreed on the availability of emotional distress damages to remedy violations of the discharge injunction in Section 524.
Relying on authorities.....
Directing a vulgar insult at a debtor is no violation of the automatic stay. Indeed, basing a contempt motion on a text message to a debtor that said, “You’re such a piece of s—t,” “has absolutely no.....
Even though the mortgage servicer’s monthly statements after filing said they were for informational purposes only, the Ninth Circuit Bankruptcy Appellate Panel held that the servicer nonetheless.....
All acts are void that violate the automatic stay, regardless of whether they are willful or merely technical, according to Bankruptcy Judge Christopher D. Jaime of Sacramento, Calif.
In his December 2.....
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?
“.....