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.
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.....
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.....
A lender and its lawyer were sanctioned under Bankruptcy Rule 9011 for filing a dischargeability complaint against a consumer based only on the allegation that it must have been fraud because the.....
All acts are void that violate the automatic stay, regardless of whether they are willful or merely technical, according to Bankruptcy Judge Christopher D. Jaime of Sacramento, Calif.
In his December 2.....
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.....
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.....
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.....
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.....
The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral
Does the presumption of the validity and amount of the claim in Bankruptcy Rule 3001 f include the value ascribed.....