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 bankruptcy judge once said, “It’s an unwritten rule in this district that every chapter 13 debtor must total at least one car during the pendency of his or her case.”
Here’s the question: Who gets.....
If a creditor doesn’t cash a $230,000 distribution check on an allowed unsecured claim, is the chapter 7 debtor entitled to the funds 10 years later on the idea that the $230,000 represented a surplus.....
Making an Erie guess about how the Florida Supreme Court would rule on collateral estoppel, the Eleventh Circuit held that a general default judgment won’t make a debt nondischargeable under Section.....
Chief Bankruptcy Judge Laurel M. Isicoff of Miami wrote an opinion that serves the purpose of a local rule by explaining how and when a consumer can sign up for a so-called bifurcated arrangement to.....
Going beyond the appeals court’s own decision eight months ago, the Eleventh Circuit has now created a stark split of circuits by holding that the Barton doctrine does not protect a bankruptcy trustee.....
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.....
Someone who does not have legal residence in the U.S. will still qualify for a Florida homestead exemption if she has at least one family member in the home who “hopes” to gain legal residency and has.....
In a state that allows a couple to hold personal property as tenants by the entireties, a tax refund is not estate property if only one spouse is in bankruptcy, even when all income was earned by the.....
Sending anonymous text messages and emails alleging that the debtor engaged in “numerous extramarital affairs” does not violate the automatic stay, even if the sender is a creditor, according to.....
Just Asking for Confirmation from a Data Furnisher Won’t Bar an FCRA Suit, Circuit Says
Handing down an important decision on the federal Fair Credit Reporting Act, the Eleventh Circuit ruled that.....