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.
Affirming Bankruptcy Judge Michael E. Romero, a district judge in Denver wrote an opinion standing for the proposition that a trustee may not liquidate estate property solely for the benefit of the.....
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.....
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).....
Bankruptcy Judge Mitchell L. Herren was put in the unfortunate and untenable position of having to decide how parents should spend their limited income on their children’s education and upbringing. He.....
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.....
A district court decision upholding Chief Bankruptcy Judge Dale L. Somers has two important holdings regarding the dischargeability of student loans: (1) Disposable income insufficient even to pay.....
In a victory for people burdened with student loans, the Tenth Circuit joined the Fifth Circuit by holding that a loan to finance education is dischargeable unless it was either a “qualified education.....
The PACER system for filing documents electronically in bankruptcy court is not user-friendly. Indeed, the system is tediously idiosyncratic and intolerant of the uninitiated.
Bankruptcy Judge R.....