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.
As shown in an opinion by a district judge in Arkansas, the law throughout the country is not uniform when it comes to the ability of a bankruptcy trustee to sell a debtor’s defensive appellate rights.....
Siding with the Ninth Circuit and distinguishing a seemingly similar decision from the Tenth Circuit, the Eighth Circuit held that appreciation in the value of a home during a chapter 13 case belongs.....
Bankruptcy is no get-out-of-jail-free card for someone who has disobeyed matrimonial court orders, as shown in an opinion by Bankruptcy Judge David D. Cleary of Chicago.
The January 19 decision by.....
Courts don’t agree on who gets appreciation when a home is sold during a chapter 13 case or if the case converts to chapter 7. Does post-petition appreciation stay with the debtor, or does it go to.....
Splitting with the Tenth Circuit, a divided panel on the Ninth Circuit held that the post-petition appreciation in the value of a home belongs to creditors when a chapter 13 debtor converts the case.....
Taking sides on a question where the courts are split, the Bankruptcy Appellate Panel for the Eighth Circuit puts chapter 13 debtors at risk of losing their homes if the price of real estate has risen.....
When a chapter 13 debtor sells property, the debtor cannot be compelled to turn the proceeds over to the trustee, even if the proceeds would be required to confirm a plan, according to an opinion by.....
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.....
On an issue where the courts are widely divided, Chief Bankruptcy Judge Brian T. Fenimore of Kansas City, Mo., adopted the so-called estate-replenishment theory to conclude that appreciation in a home.....
A trustee may not evade the transfer restrictions in the operating agreement of a limited liability company by selling only the “economic interest,” the Tenth Circuit Bankruptcy Appellate Panel said.....