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.
The Supreme Court granted certiorari to resolve a circuit split on the standard to employ before invoking judicial estoppel when a chapter 13 debtor failed to disclose a personal injury claim.
The date.....
At the end of the term, the Supreme Court decided a nonbankruptcy case that puts to rest several bankruptcy questions arising in the wake of Northern Pipeline, Granfinanciera and Stern v. Marshall.
In.....
In the world of bankruptcy, the validity of the doctrine of equitable mootness is an issue that the Supreme Court has been ducking. On March 19, the Court handed down a non-bankruptcy decision on.....
Because there is not yet a split of circuits, it’s not surprising that the Supreme Court yesterday denied two petitions for certiorari asking the justices to decide whether the fees of chapter 13.....
Bankruptcy Judge Henry A. Callaway of Mobile, Ala., ruled last year that settlement proceeds resulting from postpetition personal injury claims were not disposable income and should not increase.....
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.....
As long as the chapter 13 debtor completes payments under the plan as originally confirmed, Bankruptcy Judge Henry A. Callaway of Mobile, Ala., is allowing the debtor to keep any recovery resulting.....
Over a dissent by Justice Neil M. Gorsuch, Justice Ketanji Brown Jackson held for herself and six other justices that Section 106(a) of the Bankruptcy Code waives sovereign immunity as to tribes of.....
Barely one month after oral argument, the Supreme Court unanimously resolved a split of circuits by reversing the Eighth Circuit and holding that a real estate tax foreclosure can violate the Takings.....
To resolve a split of circuits, the Supreme Court heard oral argument in Tyler v. Hennepin County to decide whether a real estate tax foreclosure violates the Takings Clause of the Fifth Amendment.....