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.
Bankruptcy Judge Robert H. Jacobvitz of Albuquerque, N.M., described a circumstance when an individual debtor is entitled to pursue an appeal after conversion of a chapter 11 case to chapter 7.
The.....
If a creditor holds a judgment lien against a debtor arising from a claim based on fraud, it stands to reason, does it not, that the debtor cannot avoid the judgment lien under Section 522(f) as an.....
Parsing two decisions from the U.S. Supreme Court, the Tenth Circuit Bankruptcy Appellate Panel decided that nondischargeability for actual fraud under Section 523(a)(2)(A) demands justifiable.....
Upholding the bankruptcy court and the Bankruptcy Appellate Panel, the Tenth Circuit explained when a corporate officer can be saddled with a nondischargeable debt for causing a corporation to defraud.....
The requirement that courts read statutes literally has resulted in the erosion of the equitable powers of bankruptcy courts. Most notably, the Supreme Court held in Law v. Siegel, 571 U.S. 415 (2014).....