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A bankruptcy judge in Savannah, Ga., said that a nonprecedential opinion by the Eleventh Circuit was “unpersuasive.” Instead, he followed an earlier precedential opinion from the Eleventh Circuit on a.....
In Fulton, the Supreme Court ruled that the City of Chicago did not violate the automatic stay under Section 362(a)(3) by refusing to return impounded cars immediately after the owners filed chapter.....
A terse, nonprecedential opinion from a circuit court takes on significance when it upholds a lower court decision on the cutting edge of the bankruptcy discharge.
So it was with a two-page, Ninth.....
Concluding that the Supreme Court’s Fulton decision overruled prior Ninth Circuit authority, the Ninth Circuit Bankruptcy Appellate Panel held that a creditor no longer violates any provision of the.....
The Ninth Circuit Bankruptcy Appellate Panel held that committing a “technical” violation of the automatic stay does not absolve the creditor of liability for a willful stay violation under Section.....
There is no “cause” for modifying the automatic stay when the creditor’s objective is to undo the consequences of disastrous litigation strategy, according to the Eleventh Circuit.
The November 16.....
Requesting and obtaining continuances of a prepetition lawsuit against a debtor do not violate the automatic stay in Section 362(a), according to the Ninth Circuit Bankruptcy Appellate Panel.
In other.....
Judgment creditors were given permission under the Barton doctrine to conduct garnishment proceedings in state court to collect some $29,000 held by a chapter 13 trustee in a case that was dismissed.....
After Fulton, a creditor’s refusal to lift the attachment of a bank account is no violation of the automatic stay under any subsection Section 362(a), according to Bankruptcy Judge Mark J. Conway of.....
Affirming the district court and Bankruptcy Judge William R. Sawyer of Montgomery, Ala., the Eleventh Circuit narrowed the circuit’s own precedent that seemed to make pawnbrokers immune from.....