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.
If the debtor received a discharge of personal liability on a home mortgage in a prior bankruptcy, subsequently confirming a chapter 13 plan and keeping the home may not be a piece of cake, as.....
The Supreme Court’s Truck Insurance decision upset what we thought we knew about bankruptcy standing. It gives broadly defined parties in interest the right to appear and be heard in chapter 11 cases.....
Counsel in California, beware: The state’s reciprocal fee-shifting statute means that the losing side — whether it be the debtor, the trustee or the creditor — pays the adversary’s attorneys’ fees if.....
Bankruptcy Judge Robert H. Jacobvitz of Albuquerque, N.M., described a circumstance when an individual debtor is entitled to pursue an appeal after conversion of a chapter 11 case to chapter 7.
The.....
Since Social Security benefits are exempt property, must an individual debtor in Subchapter V of chapter 11 report Social Security income on monthly operating reports?
The answer is “yes,” according.....
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.....
If a creditor holds a judgment lien against a debtor arising from a claim based on fraud, it stands to reason, does it not, that the debtor cannot avoid the judgment lien under Section 522(f) as an.....
Refusing to dismiss the chapter 7 petition by an individual who owned corporations that sold marijuana at retail, Bankruptcy Judge Dennis Montali of San Francisco said that the U.S. Trustee Program.....
Is a chapter 7 trustee paid anything if the trustee discovers nonexempt property that would pay creditors in full but the case converts to chapter 13 before the trustee makes distributions?
In his May.....
Directing a vulgar insult at a debtor is no violation of the automatic stay. Indeed, basing a contempt motion on a text message to a debtor that said, “You’re such a piece of s—t,” “has absolutely no.....