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.
A debtor cannot be forced into individual arbitration after filing a class action suit in bankruptcy court alleging that a buyer of defaulted debt violated Bankruptcy Rule 3001, according to District.....
Supreme Court Decision on Arbitration Has Ominous Implications for Bankruptcy
Justice Brett M. Kavanaugh wrote his first opinion for the Supreme Court in what The New York Times called a minor.....
Bankruptcy Judge Christopher M. Alston of Seattle disagreed with Bankruptcy Judge Erik P. Kimball of West Palm Beach, Fla., about the enforcement of an arbitration agreement to resolve a dispute over.....