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.
Joining what she called the “vast majority of courts,” Bankruptcy Judge Rachel M. Blise of Milwaukee decided that an inheritance received more than 180 days after filing becomes part of the chapter 13.....
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.....
Under any of the three tests, allegations of domestic abuse are “personal injury tort claims” under Section 157(b)(5), according to the Eighth Circuit Bankruptcy Appellate Panel.
Of greater.....
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.....
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.....
Chapter 13 debtors often live hand to mouth for the duration of their plans. Any bump in the road can bust the plan.
In a recent case, Bankruptcy Judge Rebecca B. Connelly of Harrisonburg, Va.....
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.....