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 ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart
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Upholding the denial of an exemption covering an individual retirement account, or IRA, the Eleventh Circuit explained why an IRA that would be exempt under federal law might not be exempt under state.....
Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent
The Eleventh Circuit’s Bateman opinion, holding that the antimodification provision in Section 1322 b 2 takes precedence over a.....
Eleventh Circuit Joins the Majority Restricting Collection Letters on Time-Barred Debts
On a question where the circuits are split, the Eleventh Circuit sided with the majority and held that an.....
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.....
Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal
In the first-ever appeal from the first decision on the question, a district judge in Florida upheld Bankruptcy Judge John K.....
Tardy Recordation of a Mortgage Not Salvaged by Relation-Back Arguments
A bankruptcy judge must have a command of the intricacies of state law, as shown in an opinion by Bankruptcy Judge Paul W.....
Direct Mortgage Payments Are Not Provided For in a Plan, Eleventh Circuit Holds
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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.....