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.
Effective in 2020, Congress amended Section 547(b) by requiring a debtor or trustee to perform “due diligence” before filing a preference complaint, covering the defendant’s “known or reasonably.....
Docketing a judgment by itself doesn’t result in a lien on personal property, for reasons explained by Bankruptcy Judge John P. Mastando, III in a case involving New York law.
The debtor was an.....
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.....
Overruling the Seventh Circuit’s own 1984 precedent in deference to the later-decided Barnhill v. Johnson, 503 U.S. 393 (1992), Circuit Judge Frank H. Easterbrook held that a judgment creditor is.....
For a preference, the transfer occurs when property is placed in escrow or is delivered to the court to be held in custodia legis, according to Bankruptcy Judge William J. Fisher of St. Paul, Minn.
The.....
The Second Circuit joined three other courts of appeals in holding that real estate tax foreclosures can be attacked as fraudulent transfers despite BFP v. Resolution Trust, 511 U.S. 531 (1994), where.....
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.....