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 final decree of divorce containing a division of marital property does not create a debtor/creditor relationship between the former spouses, according to an October 27 opinion by Bankruptcy Judge.....
Once a debtor has completed plan payments, the bankruptcy court has power under Bankruptcy Rule 7070 to clear title by removing liens that were stripped off in the debtor’s chapter 13 plan.
In.....
“The accepted procedure for allowing state courts to divide marital property when one spouse files bankruptcy is to modify the automatic stay and abstain from adjudicating the property settlement,”.....
In an opinion allowing the stacking of exemptions, Bankruptcy Judge Cathleen D. Parker allowed the debtor to exempt almost $140,000 in wages.
In her May 23 opinion, Judge Parker explained why the.....
As everyone knows (or should know), the denial of a motion to withdraw the reference is not a final, appealable order. The Tenth Circuit teaches us that denial of withdrawal remains interlocutory.....
The chapter 7 discharge of someone’s personal liability on a mortgage does not start the clock ticking on the statute of limitations governing the time within which a lender must commence foreclosure.....
Bankruptcy Judge Christopher M. Klein decried the “widespread belief that student loans are virtually impossible to discharge in bankruptcy.”
In his April 5 opinion, Judge Klein said,
Only the most.....
Although the Supreme Court held in Clark v. Rameker, 573 U.S. 122 (2014), that an inherited individual retirement account is not exempt, the inheritance of survivor’s benefits under a pension plan can.....
The first court of appeals to rule on a question where the lower courts are widely split, the Tenth Circuit held that a chapter 13 trustee was not entitled to payment of her fee because the case was.....
Filing a complaint before the deadline is critically important and should be undertaken only by an expert — that is to say, by a paralegal who does it every day.
An amateur, like a lawyer, should not.....