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.
With limited exceptions, traditional law says that chapter 7 debtors lack standing to object to proofs of claim. In a nonprecedential opinion, the Eleventh Circuit upheld dismissal of a debtor’s.....
Just Asking for Confirmation from a Data Furnisher Won’t Bar an FCRA Suit, Circuit Says
Handing down an important decision on the federal Fair Credit Reporting Act, the Eleventh Circuit ruled that.....
Widening an existing split of circuits, the Eleventh Circuit rejected the one-day-late rule adopted by three circuits and held that a tax debt can be discharged even if the return was filed late.
The.....
Proceedings for contempt of the discharge injunction were not within the scope of an arbitration agreement, according to bankruptcy and district judges in Tampa, Florida.
A chapter 7 debtor scheduled.....
Two decisions handed down on successive days under Illinois law explain when a default judgment will or will not result in a nondischargeable debt as a result of issue preclusion, or collateral.....
Eleventh Circuit Joins the Majority Restricting Collection Letters on Time-Barred Debts
On a question where the circuits are split, the Eleventh Circuit sided with the majority and held that an.....
Clifton R. Jessup, Jr. is a bankruptcy judge willing to change his mind. In an opinion on Nov. 2, he reversed course and held that a chapter 13 debtor may surrender collateral, modify the plan, and.....