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 chapter 13 debtor can’t be required to turn over tax refunds to the trustee when the plan pays creditors in full, for reasons explained by Chief Bankruptcy Judge Noah G. Hillen of Boise, Idaho.
A.....
The exception in the automatic stay for “domestic violence” applies to claims for sexual abuse arising decades earlier, not only to claims of imminent or ongoing sexual abuse, says Bankruptcy Judge.....
Ruling on an issue that has “has divided and confounded bankruptcy courts for years,” Bankruptcy Judge Scott M. Grossman of Fort Lauderdale, Fla., decided that the “notice” referred to in Bankruptcy.....
While it’s beginning to look at lot like Christmas, it’s also beginning to look like the accrual test will decide whether a claim belongs to the debtor, not to the debtor’s bankrupt estate. At the.....
If a trustee recovers an estate asset after the debtor made their last payment under a chapter 13 plan, the recovery goes to the debtor in the absence of a provision in the plan directing the asset to.....
Bankruptcy Judge Scott M. Grossman of Fort Lauderdale, Fla., explained why “merely selling a debt to another holder” does not “somehow immunize a creditor and create a fair ground of doubt as to.....
Narrowly interpreting Rooker-Feldman in light of more recent authority, a district judge in Tampa, Fla., held that the doctrine did not apply to someone who was not a party to the suit in state court.....
A decision by Bankruptcy Judge Jason A. Burgess of Jacksonville, Fla., could be read to mean that a creditor who has been notified about a debtor’s bankruptcy violates the automatic stay if the.....
An individual bankrupt’s interest in a limited partnership is akin to an option and isn’t an executory contract subject to automatic rejection 60 days after filing, according to Chief Bankruptcy Judge.....
An opinion by Bankruptcy Judge Scott M. Grossman of Fort Lauderdale, Fla., could be read to imply that a chapter 13 debtor outside the Eleventh Circuit is not required to disclose the receipt of a.....