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.
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 laid down rules about the sufficiency of pleadings and the burden of proof in small chapter 7 cases when the trustee seeks compensation for himself as his.....
Loans taken down to refinance existing, higher-interest loans were not consumer debts in the absence of evidence to the contrary, the Ninth Circuit said.
The decision is nonprecedential. Were it.....
Surveying recent authorities from around the nation, Bankruptcy Judge Mary Jo Heston of Tacoma, Wash., laid out the factors that control categorizing a lien as judicial or statutory.
The distinction.....
Following nonjudicial foreclosure, a lender’s failure to report a deficiency as having been “abolished” (or discharged) establishes “inaccuracy” and opens the door to the “furnisher’s” liability under.....
Someone issuing a subpoena to a bankruptcy trustee in a criminal case or a lawsuit outside of bankruptcy court must first ask the bankruptcy court for permission to issue the subpoena in view of the B.....
Affirming the Bankruptcy Appellate Panel, the Ninth Circuit narrowly defined a tax return, leaving debtors with nondischargeable tax debts if they didn’t file something that looks like traditional tax.....
An individual chapter 7 debtor cannot assume a lease of personal property by reaffirming the debt under Section 524(c). For example, a debtor can only assume a car lease by assuming the lease under.....
Joining the Third Circuit, the Ninth Circuit held 2/1 that a buyer of defaulted debt can be liable under the FDCPA as a “debt collector,” even if the buyer has outsourced all of the collection work to.....
In a circuit that permits discharging a portion of student loans, Bankruptcy Judge Peter C. McKittrick of Portland, Ore., discharged part of a debtor’s student loan debt, “which she has no hope of.....