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.....
“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,”.....
Over a dissent by Justice Neil M. Gorsuch, Justice Ketanji Brown Jackson held for herself and six other justices that Section 106(a) of the Bankruptcy Code waives sovereign immunity as to tribes of.....
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.....
Barely one month after oral argument, the Supreme Court unanimously resolved a split of circuits by reversing the Eighth Circuit and holding that a real estate tax foreclosure can violate the Takings.....
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.....
To resolve a split of circuits, the Supreme Court heard oral argument in Tyler v. Hennepin County to decide whether a real estate tax foreclosure violates the Takings Clause of the Fifth Amendment.....
To resolve a split of circuits and decide whether Section 106(a) waives sovereign immunity as to Native American tribes, the Supreme Court heard oral argument on April 24 in Lac du Flambeau Band of.....
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.....