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.
Affirming the bankruptcy court, a district judge in New York held that a monetary sanction for violation of the automatic stay may be collected by use of a contempt motion rather than through use of a.....
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.....
Even after the Supreme Court’s Jarkesy decision last year, bankruptcy courts retain power under Section 362(k) to award actual and punitive damages for willful violations of the automatic stay because.....
For debtors in chapter 7, the sale of cryptocurrency is considered “income” in the calculation of current monthly income and in deciding whether there is a presumption of abuse, in the eyes of.....
If a chapter 13 debtor dies before confirmation, it stands to reason that the case should be dismissed because the debtor can’t file a plan, has no regular income and can’t be examined by creditors.
Th.....
The automatic stay did not protect an individual debtor from the creditor’s collection of a $20,000 award of liquidated damages for the debtor’s violation of a prepetition state court injunction, nor.....
The Supreme Court’s Truck Insurance decision upset what we thought we knew about bankruptcy standing. It gives broadly defined parties in interest the right to appear and be heard in chapter 11 cases.....
Although the right of a trustee to sell an individual debtor’s defensive appellate rights was not before the court, the Eighth Circuit held that an appeal from an order approving the sale of offensive.....
To obtain a “bad faith” judgment against an insurer for the plaintiff’s damages in excess of policy limits, the plaintiff must continue the suit nominally against the defendant. When the defendant is.....
The Ninth Circuit Bankruptcy Appellate Panel painted itself into a corner in 2002 when it held that a bankruptcy court has no discretion to modify a discharge injunction under Section 524(a).
To avoid.....