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.
Eventually, the Supreme Court will decide whether debtors can be compelled to arbitrate core and non-core disputes with creditors. For now, at least, courts in the Ninth Circuit are giving short.....
District Judge Joan M. Azrack of Central Islip, N.Y., laid down the rules for lodging a pre-filing injunction against a vexatious litigant.
The chapter 7 debtor had not paid a mortgage since 2014. The.....
Bankruptcy Judge Roberta A. Colton of Tampa, Fla., socked a law firm with $10,500 in sanctions for violating the discharge injunction.
The lesson to be learned: When confronted with a discharge.....
Reversing the Seventh Circuit and resolving a split among the circuits, the Supreme Court ruled unanimously today “that mere retention of property does not violate the [automatic stay in] section 362.....
Failing to amend a prepetition complaint to assert only post-petition claims resulted in a violation of the discharge injunction, even though the plaintiff in state court argued that it only intended.....
On remand from the Supreme Court, the debtor Bradley Taggart made more law, again in a losing effort. The Ninth Circuit interpreted Taggart v. Lorenzen, 139 S. Ct. 1795 (June 3, 2019), as having.....
An unmarried couple broke up. The man moved out. The woman refused to return his personal property.
Often in these circumstances, the offended party will build a bonfire in the front yard, burning up.....
A subordinate secured lender did not have appellate standing to challenge the bankruptcy court’s annulment of the automatic stay in favor of a senior lender, even though it meant the subordinate.....
The Supreme Court heard oral argument this morning in City of Chicago v. Fulton, 19-357 (Sup. Ct.), to resolve a circuit split and decide whether the automatic stay requires a creditor to turn over.....
For an egregious violation of the automatic stay that “severely injured” the debtor, Chief Bankruptcy Judge Laura T. Beyer of Charlotte, N.C., imposed $260,000 in sanctions, given that the lender’s.....