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.
Disciplinary Sanctions Held Nondischargeable Even Though Not Paid to the State
Discovery sanctions to be paid as part of state bar disciplinary proceedings are nondischargeable under Section 523 a 7.....
Mothers Owed Child Support Weren’t Entitled to Notice in Father’s Bankruptcy, Circuit Says
Interpreting Illinois law, the Fifth Circuit narrowly construed the term creditor in holding that custodial.....
Is the ‘Accrual Test’ for the Existence of a Claim Alive and Well after Grossman’s?
The Third Circuit’s infamous Frenville decision, like drug-resistant bacteria, is taking on new life in the Sixth.....
Deemed Allowed Claims Can Be Binding in Subsequent Litigation, Circuit Says
The validity and amount of a deemed allowed claim under Section 502 a can be binding in a subsequent litigation between the.....
Nonjudicial Foreclosure Is Not Subject to the FDCPA, Supreme Court Rules
The Supreme Court ruled unanimously today that nonjudicial foreclosure is not subject to regulation by the federal Fair Debt.....
The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral
Does the presumption of the validity and amount of the claim in Bankruptcy Rule 3001 f include the value ascribed.....
Defectively Executed Mortgages Are Still Avoidable in Ohio
The Ohio legislature didn’t go far enough to protect mortgage lenders from predation by bankruptcy trustees feasting on defectively executed.....
A Judgment Lien on Entireties Property Is Avoidable in Missouri, Eighth Circuit Says
May a debtor avoid a judicial lien on a homestead under Section 522 f when the judgment is against the debtor but.....
Newly Filed Certiorari Petitions Raise Circuit Splits on Finality and the Automatic Stay
Two newly filed petitions for certiorari ask the Supreme Court to decide whether 1 passively holding property.....
The Emily Litella Principle Governs the Withdrawal of Proofs of Claim
The Emily Litella principle will not divest the bankruptcy court of equitable jurisdiction, according to an opinion by Bankruptcy.....