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.
Over a dissent and in disagreement with the Collier treatise, the Eleventh Circuit created a circuit split by holding that real property with an alternative purpose is subject to the anti-modification.....
A title lender in Alabama once again failed to defeat a debtor who renewed her loan just before filing a chapter 13 petition, but don’t count the lender out just yet. With every setback, the lender is.....
On remand from the district court, Bankruptcy Judge Bess M. Parrish Creswell of Montgomery, Ala., defused an attempt by a title lender to establish a legal principle that would bar individuals from.....
At the risk of oversimplification, the Eleventh Circuit held that a final, enforceable order confirming a chapter 13 plan could not be enforced to the extent that the plan violated Section 1322(b)(2).....
A bankruptcy judge in Savannah, Ga., said that a nonprecedential opinion by the Eleventh Circuit was “unpersuasive.” Instead, he followed an earlier precedential opinion from the Eleventh Circuit on a.....
Bankruptcy Judge Karen S. Jennemann of Orlando, Fla., used her common sense rather than slavish adherence to “plain language” to reach a result that Congress undoubtedly intended.
Fortunately, Judge.....
Affirming the district court and Bankruptcy Judge William R. Sawyer of Montgomery, Ala., the Eleventh Circuit narrowed the circuit’s own precedent that seemed to make pawnbrokers immune from.....
Even if the trustee blows the two-year statute of limitations for bringing an avoidance action to invalidate an unperfected lien, the trustee is not time-barred from objecting to the secured status of.....
The debate continues on the right of a chapter 13 debtor to a discharge after missing direct payments to a home mortgage lender.
Bankruptcy Judge Susan D. Barrett of Augusta, Georgia, joined the.....
Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent
The Eleventh Circuit’s Bateman opinion, holding that the antimodification provision in Section 1322 b 2 takes precedence over a.....