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.
A title lender in Alabama once again failed to defeat a debtor who renewed her loan just before filing a chapter 13 petition, but don’t count the lender out just yet. With every setback, the lender is.....
“The accepted procedure for allowing state courts to divide marital property when one spouse files bankruptcy is to modify the automatic stay and abstain from adjudicating the property settlement,”.....
Although the lower courts are split, the Fourth Circuit became the first court of appeals to rule that the Bankruptcy Code does not preempt claims under state law for violation of the discharge.....
Holding that a bankruptcy court may not enforce a discharge order entered in another district, the Second Circuit nixed the idea of a nationwide class action alleging contempt of the discharge.....
The lack of creditor opposition isn’t enough for the bankruptcy court to extend the automatic stay for a repeat filer in chapter 13, for reasons explained by Chief Bankruptcy Judge Gregory L. Taddonio.....
What happens in chapter 13 if a secured creditor doesn’t file a claim, and the debtor doesn’t file a claim for the creditor? There are two schools of thought.
Here’s the situation. The debtor owns a.....
Even though the mortgage servicer’s monthly statements after filing said they were for informational purposes only, the Ninth Circuit Bankruptcy Appellate Panel held that the servicer nonetheless.....
A decision by Bankruptcy Judge Jason A. Burgess of Jacksonville, Fla., could be read to mean that a creditor who has been notified about a debtor’s bankruptcy violates the automatic stay if the.....
A contempt action brought against a debtor personally in a state matrimonial court to compel payment of a domestic support obligation violates the automatic stay despite Section 362(b)(2)(B). That.....
On remand from the district court, Bankruptcy Judge Bess M. Parrish Creswell of Montgomery, Ala., defused an attempt by a title lender to establish a legal principle that would bar individuals from.....