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.....
Differing with opinions by two bankruptcy judges in the Middle District of Georgia in 1987 and 1988, Bankruptcy Judge Robert M. Matson of Macon, Ga., decided that fees for a standing chapter 12.....
A chapter 7 debtor kept a chose in action that arose from the dead after filing, for reasons explained by Bankruptcy Judge Alan S. Trust of Central Islip, N.Y.
The debtor filed a chapter 7 petition in.....
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.....
In chapters 12 and 13, the courts are divided on whether a debtor must show “a substantial and unanticipated change in circumstances” to modify a confirmed plan.
Following Eighth Circuit dicta, the.....
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.....
Chief Bankruptcy Judge Dale L. Somers of Topeka, Kan., wrote two opinions keeping the chapter 12 door open for individuals who farm through LLCs or liquidated their farming assets but intend to.....
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.....
An appeal taken last week to the district court in South Carolina could end up being the vehicle for the Fourth Circuit and then the Supreme Court to decide whether the bankruptcy court must enforce.....