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.
Section 522(g) prevents a debtor from claiming an exemption in property that a trustee recovers if the transfer by the debtor was voluntary. In other words, a debtor cannot claim a homestead exemption.....
To avoid an inequitable result, the Ninth Circuit Bankruptcy Appellate Panel relied on fundamental principles about secured claims in chapter 7 to conclude that an order declaring a secured claim to.....
Unless all of a private student loan was used for “qualified higher education expenses,” none of the loan is nondischargeable under Section 523(a)(8)(B).
The Ninth Circuit Bankruptcy Appellate Panel.....
On an issue where the courts are split, Chief Bankruptcy Judge Carl L. Bucki of Buffalo, N.Y., decided that the Supremacy Clause precludes the court from honoring a property execution delivered to a.....
A district judge in Arizona upheld an order by a bankruptcy judge directing an attorney to disgorge more than $1.6 million for nondisclosure of fee-sharing, among other violations of the Bankruptcy.....
If the debtor received a discharge of personal liability on a home mortgage in a prior bankruptcy, subsequently confirming a chapter 13 plan and keeping the home may not be a piece of cake, as.....
The Tenth Circuit Bankruptcy Appellate Panel joined the Ninth Circuit BAP in becoming the only appellate courts to hold that a chapter 13 debtor isn’t entitled to immediate dismissal under Section.....
In a story on January 27, we bemoaned the failure of Congress to fix the problem that the Supreme Court foisted on individual debtors with its decision in Lamie v. United States Trustee, 540 U.S. 526.....
Employing strategies for several years to avoid paying income taxes can make the debts nondischargeable under Section 523(a)(1)(C), even for taxes due more than three years before bankruptcy.
Bankruptc.....
In Lamie, the Supreme Court created a problem for chapter 7 debtors that can’t be solved with a retainer paid to the debtor’s counsel before filing.
A security retainer paid by an individual debtor.....