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.
On a question where the courts are split, Chief Bankruptcy Judge Magdeline D. Coleman of Philadelphia decided that dismissal is not mandatory under Section 109(g)(2) if an individual voluntarily.....
All acts are void that violate the automatic stay, regardless of whether they are willful or merely technical, according to Bankruptcy Judge Christopher D. Jaime of Sacramento, Calif.
In his December 2.....
In one of his last decisions before retirement this week, Bankruptcy Judge Robert D. Drain of New York declined to follow dicta from recent court of appeals decisions in his circuit and ruled that the.....
A chapter 7 petition filed by the contemnor did not bar the district court from moving ahead with contempt proceeds against the debtor for disobeying the district court’s prior orders compelling the.....
Reversing the lower courts, the Second Circuit held that a debtor is entitled to recover attorneys’ fees for successfully prosecuting appeals from the bankruptcy court’s order holding a creditor in.....
The Fourth Circuit has ruled emphatically that Taggart applies to all contempt citations in bankruptcy court.
However, the Richmond, Va.-based appeals court held that advice of counsel is not a.....
If a court other than the bankruptcy court rules on a pending matter by handing down a decision after the bankruptcy filing, is the resulting order null and void as a violation of the automatic stay?
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Sanctions imposed on a creditor and its lawyers for violating the automatic stay and the discharge injunction may not be the end of the story. As demonstrated in a March 29 opinion by Bankruptcy Judge.....
The requirement of “finality” can sometimes mean that you can’t appeal a finding that you were in contempt of the automatic stay. That’s the teaching of a March 25, nonprecedential opinion from the.....
Reaching an issue the Supreme Court left undecided in Ritzen, the Ninth Circuit held that denial of a stay-relief motion without prejudice can still be a final, appealable order.
The appeals court.....