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.....
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The panel issuing the per curiam, nonprecedential.....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.....
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.....
Affirming the district court and the late Bankruptcy Judge Joseph M. Meier of Boise, Idaho, the Ninth Circuit held in a nonprecedential opinion that student loans to obtain a professional degree are.....
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 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.....
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.....