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.
Given the same simple facts and the same controlling precedent, a majority on a Tenth Circuit panel disagreed with the circuit’s Bankruptcy Appellate Panel about a recurring preference question: Does.....
Hard cases make bad law, but Bankruptcy Judge Elizabeth E. Brown of Denver took a hard case to make good law. Although the debtor was not a sympathetic character, Judge Brown reached a result implied.....
Earmarking Seems to Be a Dead Letter in the Tenth Circuit
The Tenth Circuit Bankruptcy Appellate Panel wrote an intriguing opinion finding that a triangular transaction was a preference. Without.....