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.
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.....
The automatic stay did not protect an individual debtor from the creditor’s collection of a $20,000 award of liquidated damages for the debtor’s violation of a prepetition state court injunction, nor.....
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.....
Since Social Security benefits are exempt property, must an individual debtor in Subchapter V of chapter 11 report Social Security income on monthly operating reports?
The answer is “yes,” according.....
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.....
A trustee may not evade the transfer restrictions in the operating agreement of a limited liability company by selling only the “economic interest,” the Tenth Circuit Bankruptcy Appellate Panel said.....
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.....
A chapter 7 petition filed by the contemnor did not bar the district court from moving ahead with contempt proceeds against the debtor for disobeying the district court’s prior orders compelling the.....
Chief Bankruptcy Judge Dale L. Somers of Topeka, Kan., wrote two opinions keeping the chapter 12 door open for individuals who farm through LLCs or liquidated their farming assets but intend to.....
Although neither owned nor controlled by the government, a federal credit union is a “governmental unit” entitled to additional time for filing a proof of claim, according to Bankruptcy Judge Robert H.....