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.
Aligning itself with the Fifth Circuit plus dicta from the Second Circuit and the Supreme Court, the Eleventh Circuit held in a nonprecedential opinion that a bankruptcy court, and by extension a.....
Bankruptcy Judge Scott M. Grossman of Fort Lauderdale, Fla., explained why “merely selling a debt to another holder” does not “somehow immunize a creditor and create a fair ground of doubt as to.....
There is no “cause” for modifying the automatic stay when the creditor’s objective is to undo the consequences of disastrous litigation strategy, according to the Eleventh Circuit.
The November 16.....
At least in the Eleventh Circuit, a delay of more than two years in effecting service of a complaint wasn’t fatal because the plaintiff was diligently attempting to complete service.
The September 23.....
Chief Bankruptcy Judge Laurel M. Isicoff of Miami wrote an opinion that serves the purpose of a local rule by explaining how and when a consumer can sign up for a so-called bifurcated arrangement to.....
Failing to amend a prepetition complaint to assert only post-petition claims resulted in a violation of the discharge injunction, even though the plaintiff in state court argued that it only intended.....
The Eleventh Circuit upheld $150,000 in sanctions imposed under Section 526(c)(5) on a self-described nationwide law for violating a settlement agreement with the bankruptcy administrator in the.....
According to the Eleventh Circuit, an information statement sent by a secured lender regarding a debtor’s discharged personal liability on a mortgage does not violate the discharge injunction in.....
A ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart
A case from Alabama demonstrates how the Supreme Court’s decision this term in Taggart versus Lorenzen means that a.....