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.....
Brooklyn Bankruptcy Judge Elizabeth S. Stong nixed sophistic arguments that would have gutted Sections 109(g) and 362(b)(21) by allowing the automatic stay to halt foreclosure against a debtor whose.....
Last week, we reported on how Bankruptcy Judge M. Ruthie Hagan of Memphis, Tenn., interpreted the Supreme Court’s Till decision to mean that a fully secured holder of a second mortgage to be paid in.....
Sitting in the Sixth Circuit, Bankruptcy Judge M. Ruthie Hagan of Memphis, Tenn., decided that the Eighth Circuit had better authority interpreting Till and providing guidance for fixing the rate of.....
Last week, we reported on a decision where Bankruptcy Judge Mina Nami Khorrami of Columbus, Ohio, decided that a consensual judgment results in a judicial lien that can be avoided as an encumbrance on.....
Even when a debtor consents to the entry of judgment, the resulting judgment lien is a judicial lien subject to avoidance under Section 522(f), not a consensual lien that cannot be avoided as an.....
On the very same day, the Fifth Circuit and Bankruptcy Judge Keith L. Phillips of Richmond, Va., wrote opinions describing the limited circumstances under which a chapter 7 debtor may object to the.....
Bankruptcy Judge Joseph G. Rosania, Jr., of Denver told holders of judicial liens how to prevent loss of their liens if chapter 13 debtors avoid the liens as impairments on homestead exemptions, but.....
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.....
Employing the most vituperative language employed so far to nix the strategy, a district judge in North Carolina affirmed Bankruptcy Judge Laura T. Beyer, who had barred secured creditors from taking.....