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.
A creditor can obtain retroactive stay relief just to avoid liability under Section 362(k) for a willful stay violation, the Ninth Circuit Bankruptcy Appellate Panel held in ruling on an issue of.....
Absolute Priority Doesn’t Require an Individual Debtor to Pay for Exempt Property
Taking sides on an issue where the lower courts are divided, the Ninth Circuit Bankruptcy Appellate Panel held that an.....
Ninth Circuit BAP Squarely Upholds Chapter 20: No Lien and No Claim Survive
At least when the debtor is eligible for a discharge in chapter 13, the Ninth Circuit Bankruptcy Appellate Panel squarely.....
At least when the debtor is eligible for a discharge in chapter 13, the Ninth Circuit Bankruptcy Appellate Panel squarely holds that a debtor may employ so-called chapter 20 to strip off an underwater.....
How to Draft a Judgment to Be Nondischargeable in Bankruptcy
Ordinarily, a settlement agreement making a debt nondischargeable is not enforceable in bankruptcy. Indirectly, a district judge in San.....
Hardship resulting from a self-inflicted disability (conviction for a felony) won’t justify discharging student loans, according to the Ninth Circuit Bankruptcy Appellate Panel.
A man incurred almost.....
An Order Directing Specific Performance Means the Contract Is Not Executory
Once there is an order directing specific performance of a land sale contract, the contract is no longer an executory.....
Direct Mortgage Payments Are Under the Plan, Ninth Circuit BAP Says
Circuitously, the Ninth Circuit Bankruptcy Appellate Panel joined what it called the overwhelming majority of courts by concluding.....
Ninth Circuit Uses a Technicality to Keep a Marijuana Case Alive
The Ninth Circuit pushed back against the idea that a chapter 11 plan cannot be confirmed if there is a whiff of marijuana.
Still, the.....
Disciplinary Sanctions Held Nondischargeable Even Though Not Paid to the State
Discovery sanctions to be paid as part of state bar disciplinary proceedings are nondischargeable under Section 523 a 7.....