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.
Chief Bankruptcy Judge Maureen A. Tighe of Woodland Hills, Calif., rejected the U.S. Trustee’s contention that Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, 140 S. Ct. 696.....
The federal and California moratoria on evictions during the Covid-19 pandemic did not apply in a bankruptcy case, “even if the property in question is [the debtor’s] residence,” according to.....
Eventually, the Supreme Court will decide whether debtors can be compelled to arbitrate core and non-core disputes with creditors. For now, at least, courts in the Ninth Circuit are giving short.....
Reversing the Seventh Circuit and resolving a split among the circuits, the Supreme Court ruled unanimously today “that mere retention of property does not violate the [automatic stay in] section 362.....
Removing a debtor as a beneficiary of a revocable, inter vivos trust is not a transfer that a trustee can set aside. A contrary result “would turn the privacy of estate planning into a minefield for.....
Jointly Owned Property Is Presumptively Community Property in California
Armed with an answer from the California Supreme Court to a certified question, the Ninth Circuit held that property purchased.....
In Acevedo, the Supreme Court banned nunc pro tunc orders as they were often used by bankruptcy courts. Bankruptcy Judge Christopher D. Jaime of Sacramento, Calif., explained why Acevedo did not bar.....
The Supreme Court heard oral argument this morning in City of Chicago v. Fulton, 19-357 (Sup. Ct.), to resolve a circuit split and decide whether the automatic stay requires a creditor to turn over.....
With one notable exception, the late Justice Ruth Bader Ginsburg was consistently a dissenter who would have given more protection for consumers and provided greater relief for debtors in bankruptcy.....
The Supreme Court denied a petition for certiorari presenting a circuit split on Section 362(c)(3)(A) and the following question:
If a petition by an individual under chapters 7, 11 or 13 has been.....