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.
Section 522(g) prevents a debtor from claiming an exemption in property that a trustee recovers if the transfer by the debtor was voluntary. In other words, a debtor cannot claim a homestead exemption.....
Some exemption planning is permissible, but Bankruptcy Judge Pamela W. McAfee of Raleigh, N.C., had a case where it went too far. Indeed, marriage can be a badge of fraud.
In an opinion on February 13.....
Based on the broad definition given the word “claim,” a creditor has standing to bring a nondischargeability suit against an individual debtor for embezzlement when the debtor didn’t embezzle from the.....
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.....
On a question where there is precious little authority, Bankruptcy Judge Janet S. Baer of Chicago decided that Bankruptcy Rule 9006(b) and equitable tolling permit an extension of the two-year.....
In Tyler v. Hennepin County, 598 U.S. 631 (2023), the Supreme Court held that a real estate tax foreclosure can violate the Takings Clause of the Fifth Amendment when a municipality takes title but.....
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.....
When fraud results in the loss of discharge, it doesn’t necessarily also limit the amount of a state homestead exemption under Section 522(q)(1)(B)(ii), as shown by an opinion from the Ninth Circuit.....
Debtors and trustees should read a Fifth Circuit opinion to understand how the sale of a debtor’s claims should be structured to prevent the sale from being champertous and void.
The debtor severely.....