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.
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.....
This summer, the Supreme Court will consider granting certiorari to resolve a circuit split under Section 362(c)(3)(A).
The question is this: If a petition by an individual under chapters 7, 11 or 13.....
The Supreme Court has postponed oral argument in City of Chicago v. Fulton until the new term to begin in October 2020.
In Fulton, the justices will resolve a split of circuits regarding the automatic.....
The standards under Taggart limiting the imposition of contempt sanctions for violating the discharge injunction do not apply when the creditor’s violation of the automatic stay continues after.....
An opinion by Bankruptcy Judge Christopher M. Klein of Sacramento, Calif., is a hoot. It deserves reading in full text just for the entertainment value. If practices he describes are prevalent in the.....
While closing one door, the Supreme Court opened another door today for debtors to argue that the statute of limitations does not begin to run until discovery of the existence of a claim under the.....
To give better definition to what is or is not a final, appealable order in a bankruptcy case, the Supreme Court heard oral argument in Ritzen Group Inc. v. Jackson Masonry LLC, 18-938 (Sup. Ct.). The.....
By consent, a chapter 11 plan can discharge an individual’s nondischargeable debt, even a matrimonial debt that is excepted from discharge under Section 523(a)(15).
The October 29 opinion by.....
Bankruptcy Appellate Panel Decision Previews Issues Confronting the Supreme Court in Ritzen
The Supreme Court will hear oral argument on November 13 in a case that will give further definition to what.....
Supreme Court Rejects Strict Liability for Discharge Violations
Today, the Supreme Court rejected a strict liability standard for the imposition of contempt for violating the discharge injunction.....