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.
Splitting with the First Circuit, the Ninth Circuit Bankruptcy Appellate Panel held in late December that a chapter 13 debtor may retain the post-petition increase in value of a nonexempt asset.
Last.....
If a chapter 13 debtor commits an unauthorized post-petition transfer and the case is converted to chapter 7, is there property of the estate that the chapter 7 trustee is entitled to recover?
The.....
Joining the Third Circuit, the Ninth Circuit held 2/1 that a buyer of defaulted debt can be liable under the FDCPA as a “debt collector,” even if the buyer has outsourced all of the collection work to.....
Differing with the First Circuit, the Ninth Circuit Bankruptcy Appellate Panel allowed a chapter 13 debtor to retain the post-petition increase in value of a nonexempt asset.
Building on a prior Ninth.....
Expanding First Circuit authority, bankruptcy and district judges in Maine essentially followed the Fifth Circuit in holding that a chapter 7 debtor can sell exempt property after filing and.....
Third Circuit Strips Debt Buyers of Defenses Under the F D C P A
The Third Circuit slammed the door on several theories a debt buyer might use to escape liability under the federal Fair Debt.....
A Pending Sale Contract Doesn’t Obliterate a Homestead Exemption in Chapter 7
Signing a contract before bankruptcy to sell a home will not destroy a chapter 7 debtor’s homestead exemption, according.....
An Interest in Property as Joint Tenants with Right of Survivorship Drops Out of the Estate on Death of the Debtor
At least when joint tenancies with right of survivorship are involved, the common.....
Executory Contracts Are Automatically Rejected Even if Unscheduled, Fifth Circuit Holds
On a topic where there is scant appellate authority, the Fifth Circuit held that a trustee cannot assume and.....
Supreme Court Update, Two Bankruptcy Cases in the Running for Cert
Two important bankruptcy cases, both entailing significant circuit splits, are in the running for review by the Supreme Court either.....