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.
Intending to clear up ambiguity about the deadline for an individual to take a course in credit counseling before filing bankruptcy, Congress amended Section 109(h)(1) in 2010. The debate and.....
On an issue where the lower courts are divided, Bankruptcy Judge Joseph G. Rosania, Jr. of Denver decided that the net proceeds from liquidation of an exempt asset belong to creditors under a chapter.....
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.....
Yesterday we reported a decision where Bankruptcy Judge Michelle M. Harner of Baltimore ruled that newly modified Bankruptcy Rule 3002(c)(6) did not give her discretion to allow a creditor to file a.....
Educational Loans from a Private Lender Are Held Dischargeable
Following what she called the trending narrow view, Bankruptcy Judge Kimberley H. Tyson of Denver ruled that not all educational loans.....