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.....
The government won the IRS Open three sets to love, when the Sixth Circuit sided with the Third and Fourth Circuits by holding that the “penalty” imposed on a taxpayer for failure to purchase health.....
In a 2/1 decision, the Fourth Circuit employed a “functional analysis” to side with the Third Circuit in holding that the shared-responsibility payment, although called a “penalty” under the.....
Although it never passes through the debtor’s hands, medical and dental insurance premiums paid by an employer must be included in a chapter 13 debtor’s current monthly income, according to Bankruptcy.....
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.....
Agreeing with a nonprecedential opinion from the Fifth Circuit and the majority on a recent decision from the Sixth Circuit Bankruptcy Appellate Panel, the Third Circuit held that the “penalty”.....
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.....
In March 2018, the Second Circuit held that a debtor is not required to arbitrate a contempt action alleging that a creditor violated the discharge injunction. Credit One Bank NA v. Anderson (In re.....