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.
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
In the BAPCPA amendments in 2005, Congress may have intended to bar debtors from allowing mortgages to “ride through” bankruptcy.....
Seventh Circuit Bars Chapter 13 Plan from Conferring Immunity from Traffic Tickets
In a tightly worded, conversational opinion fraught with memorable quotations, Seventh Circuit Judge Frank.....
Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules
The bankruptcy stay did not extend the statute of limitations with regard to an administrative tax claim that the chapter 11.....
A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay
On pain of contempt for violating the automatic stay, a creditor must attempt to stop a nonbankruptcy court from continuing civil.....
Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart
The Sixth Circuit refused to allow an ambiguously written state statute to provide insulation from liability for violating the automatic.....
Newly Filed Certiorari Petitions Raise Circuit Splits on Finality and the Automatic Stay
Two newly filed petitions for certiorari ask the Supreme Court to decide whether 1 passively holding property.....
Supreme Court Decision on Arbitration Has Ominous Implications for Bankruptcy
Justice Brett M. Kavanaugh wrote his first opinion for the Supreme Court in what The New York Times called a minor.....
Supreme Court Grants Cert to Decide Whether Good Faith Is a Defense to Contempt
On Friday afternoon, the Supreme Court granted certiorari in Taggart versus Lorenzen to decide whether good faith is a.....
Ninth Circuit Allows Counsel Fees when Debtor Successfully Appeals a Stay Violation
The Ninth Circuit became the first court of appeals to rule that a debtor is entitled to appellate counsel fees for.....
First Circuit Terminates the Stay Entirely as to Repeat Filers
On an issue long dividing the lower courts, the First Circuit became the first court of appeals to decide whether the automatic.....