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.
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Over a.....
Newly Filed Certiorari Petitions Raise Circuit Splits on Finality and the Automatic Stay
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Supreme Court Decision on Arbitration Has Ominous Implications for Bankruptcy
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Supreme Court Grants Cert to Decide Whether Good Faith Is a Defense to Contempt
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Direct Mortgage Payments Are Not Provided For in a Plan, Eleventh Circuit Holds
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Invocation of Rooker-Feldman Requires Finality in the State Court Judgment
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Named for.....
Supreme Court Update, Two Bankruptcy Cases in the Running for Cert
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Retention of Voluntary Post-Petition Payment Doesn’t Violate the Automatic Stay
Without violating the automatic stay, may a creditor retain a payment made voluntarily by a debtor after bankruptcy with.....