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.
The Tenth Circuit Bankruptcy Appellate Panel joined the Ninth Circuit BAP in becoming the only appellate courts to hold that a chapter 13 debtor isn’t entitled to immediate dismissal under Section.....
In the Third Circuit, lack of financial distress means dismissal of a corporate chapter 11 petition. See In re LTL Management LLC, 58 F.4th 738, 64 F.4th 84 (3d Cir. Jan. 30, 2023).
For an individual.....
A chapter 13 debtor’s absolute right to dismissal under Section 1307(b) evaporates once the case converts to chapter 7, for reasons explained by the Tenth Circuit Bankruptcy Appellate Panel in a March.....
An individual debtor’s refusal to sign a document allowing a lender to recover on a guarantee from the Small Business Administration did not give rise to a nondischargeable debt for willful and.....
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.....
Eventually, we may have a split of circuits on the question of whether a trustee can step into the shoes of the Internal Revenue Service to bring fraudulent transfer suits going back 10 years under.....
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).....
Judgment creditors were given permission under the Barton doctrine to conduct garnishment proceedings in state court to collect some $29,000 held by a chapter 13 trustee in a case that was dismissed.....
Splitting with the Third and Seventh Circuits, the Tenth Circuit held that a chapter 13 debtor cannot cure a post-confirmation default on a mortgage after the five-year plan has expired. In other.....
If a chapter 13 case has been dismissed before confirmation, the Tenth Circuit Bankruptcy Appellate Panel seems inclined to allow judgment creditors to garnish funds that the trustee would otherwise.....