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.
In a split decision, the Fourth Circuit upheld Bankruptcy Judge Paul M. Black, who had denied a motion to compel arbitration in a purported class action alleging violations of the automatic stay in.....
Bankruptcy Judge Robert H. Jacobvitz of Albuquerque, N.M., described a circumstance when an individual debtor is entitled to pursue an appeal after conversion of a chapter 11 case to chapter 7.
The.....
The broad language in Harris v. Viegelahn, 575 U.S. 510 (2015), does not obviate a chapter 13 trustee’s obligation duty to pay administrative expenses when a chapter 13 case is converted to chapter 7.....
Over a dissent, the majority on a Fourth Circuit panel laid down a bright-line rule in holding that “Section 327(a) does not authorize former trustees, following conversion, to file an after-the-fact.....
As a matter of public policy, Congress decided to subordinate unavoidable tax liens to the payment of domestic support obligations. Bankruptcy Judge Louis A. Scarcella of Central Islip, N.Y., rebuffed.....
In one of his last decisions before retirement this week, Bankruptcy Judge Robert D. Drain of New York declined to follow dicta from recent court of appeals decisions in his circuit and ruled that the.....
In the term to begin this coming October, the Supreme Court will not be hearing cases raising two bankruptcy questions.
The Court will not decide (1) whether a refund is the proper remedy for a chapter.....
Having decided that “Chapter 13 has morphed into the pursuit of loss mitigation as its sole purpose in which debtors file cases they never intend to bring to confirmation,” Bankruptcy Judge Robert E.....
Although she would have reached “a very different conclusion” if a dissent had been governing authority in the Fourth Circuit, Bankruptcy Judge Michelle M. Harner of Baltimore temporarily halted.....
Eventually, the Supreme Court will decide whether debtors can be compelled to arbitrate core and non-core disputes with creditors. For now, at least, courts in the Ninth Circuit are giving short.....