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 district judge in Arizona upheld an order by a bankruptcy judge directing an attorney to disgorge more than $1.6 million for nondisclosure of fee-sharing, among other violations of the Bankruptcy.....
In December, we reported on a decision where Bankruptcy Judge David T. Thuma of Albuquerque, N.M., held that he could avoid a judicial lien based on a judgment for fraud. In re Mirabal, 23-10862, 2024.....
Believing that two bankruptcy judges and a district judge were wrong, the majority on the Arizona Supreme Court answered a certified question by holding that a self-propelled motor home (a/k/a an RV).....
The bankruptcy court does not have constitutional power to enter final judgment in a preference suit against a defendant who did not file a claim or consent to final adjudication in bankruptcy court.....
Another court has split with the Ninth Circuit Bankruptcy Appellate Panel by holding that property acquired during an individual’s chapter 11 case becomes property of the chapter 7 estate on.....
Arizona Judge Grants Discharge Despite Default on Direct Pay Mortgage
Adopting the minority interpretation, Bankruptcy Judge Madeleine C Wanslee of Phoenix decided that failure to make all direct.....
Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims
Constrained by the logic of In re Bellingham Ins. Agency Incorporated, although not by its holding, Bankruptcy Judge.....
As an Exempt Asset, a Dog’s Value Is Priceless, Judge Collins Says
Although a dog may be the Debtor’s priceless, faithful and loved companion, the dog is nonetheless property in the eyes of the.....