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.
Trimming back the already narrow definition of standing laid down in Spokeo Inc. v. Robins, 578 U.S. 330 (2016), the Supreme Court held 5/4 on June 25 that “an injury in law is not an injury in fact.”.....
Although she would have reached “a very different conclusion” if a dissent had been governing authority in the Fourth Circuit, Bankruptcy Judge Michelle M. Harner of Baltimore temporarily halted.....
Someone who finances prosecution of a personal injury claim in New York has nothing more than an unsecured claim if the debtor who holds the claim files bankruptcy before settlement or entry of.....
Sending anonymous text messages and emails alleging that the debtor engaged in “numerous extramarital affairs” does not violate the automatic stay, even if the sender is a creditor, according to.....
If a chapter 13 case has been dismissed before confirmation, the Tenth Circuit Bankruptcy Appellate Panel seems inclined to allow judgment creditors to garnish funds that the trustee would otherwise.....
A bankruptcy court has subject matter jurisdiction or power to entertain a nationwide class action alleging contempt of the discharge injunction, according to Bankruptcy Judge Elizabeth S. Stong of.....
When Fulton came down in January, the Supreme Court decided that debtors are not entitled to regain possession of impounded cars under Section 362(a)(3) simply by filing chapter 13 petitions. City of.....
On an issue where the circuits are split, a district judge sided with the majority by upholding Bankruptcy Judge Kent Lindquist of Hammond, Indiana, and ruling that the automatic stay does not.....
The Ninth Circuit Bankruptcy Appellate Panel explored what it called “the fringes of the bankruptcy discharge injunction” and the meaning of “personal liability of the debtor” in Section 524(a).
The.....
The federal and California moratoria on evictions during the Covid-19 pandemic did not apply in a bankruptcy case, “even if the property in question is [the debtor’s] residence,” according to.....