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.
To avoid an inequitable result, the Ninth Circuit Bankruptcy Appellate Panel relied on fundamental principles about secured claims in chapter 7 to conclude that an order declaring a secured claim to.....
Unless all of a private student loan was used for “qualified higher education expenses,” none of the loan is nondischargeable under Section 523(a)(8)(B).
The Ninth Circuit Bankruptcy Appellate Panel.....
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.....
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.....
On the same day, the Ninth Circuit Bankruptcy Appellate Panel issued two opinions in the same case laying down important rules for involuntary petitions:
(1) Fully secured creditors with nonrecourse.....
The Ninth Circuit bent over backwards to hold that sovereign immunity protects a state from the imposition of compensatory and punitive damages for filing an involuntary bankruptcy petition that was.....
The Ninth Circuit tells us that a claim of a debtor belongs to the estate if the claim is based on a course of conduct that began before bankruptcy and continues after filing. The debtor isn’t even.....
Reversing the Bankruptcy Appellate Panel, the Ninth Circuit evidently held that a claim will be allowed if the creditor supplies all of the information required by Bankruptcy Rule 3001(c), even when.....
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.....