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 has postponed oral argument in City of Chicago v. Fulton until the new term to begin in October 2020.
In Fulton, the justices will resolve a split of circuits regarding the automatic.....
While closing one door, the Supreme Court opened another door today for debtors to argue that the statute of limitations does not begin to run until discovery of the existence of a claim under the.....
To give better definition to what is or is not a final, appealable order in a bankruptcy case, the Supreme Court heard oral argument in Ritzen Group Inc. v. Jackson Masonry LLC, 18-938 (Sup. Ct.). The.....
In 1991, the Supreme Court arguably ignored Section 522(f)(1) to achieve an equitable result in a matrimonial case that ended up in bankruptcy court. Farrey v. Sanderfoot, 500 U.S. 291 (1991). Last.....
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.....
Bankruptcy Appellate Panel Decision Previews Issues Confronting the Supreme Court in Ritzen
The Supreme Court will hear oral argument on November 13 in a case that will give further definition to what.....
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.....
Supreme Court Rejects Strict Liability for Discharge Violations
Today, the Supreme Court rejected a strict liability standard for the imposition of contempt for violating the discharge injunction.....
Supreme Court Agrees to Rule on What Is or Is Not a Final, Appealable Order
In addition to ruling on the effect of rejecting a trademark license, the Supreme Court yesterday agreed to review one.....
Supreme Court Hears Argument on Good Faith as Defense to Discharge Violation
The Supreme Court heard oral argument yesterday in Taggart versus Lorenzen to decide whether a good faith belief that a.....