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 wrote a handbook for bankruptcy judges writing vexatious litigant orders with prefiling injunctions.
The panel issuing the per curiam, nonprecedential.....
An important bankruptcy case will be heard en banc in the Ninth Circuit during the week of January 12.
Ideally, several of our readers will file amicus briefs explaining why bankruptcy trustees in.....
The U.S. Supreme Court held in Ritzen that an order granting or denying relief from the automatic stay is a final, appealable order under 28 U.S.C. § 158(a)(1). Ritzen Group Inc. v. Jackson Masonry.....
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.....
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.....
On a question where the circuits are split, the Ninth Circuit Bankruptcy Appellate Panel hewed to Ninth Circuit precedent by holding that a debtor’s bad faith in chapter 11 does not preclude the.....
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.....
Without a motion by a creditor or party in interest, the bankruptcy court with the first bankruptcy case has the right, sua sponte, to transfer venue of a subsequently filed case by the same debtor or.....
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.....