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.
One of the BAPCPA amendments in 2005, Section 521(i)(1), is unforgiving.
If a chapter 13 case is dismissed automatically for failure to file all required papers within 45 days, the bankruptcy court.....
An important bankruptcy case will be heard en banc in the Ninth Circuit during the week of January 12.
Ideally, several of our readers will file amicus briefs explaining why bankruptcy trustees in.....
Unlike the majority of courts, the Sixth Circuit doesn’t permit a chapter 13 debtor to surrender collateral, modify a confirmed plan and classify the deficiency as an unsecured claim.
Bound by Sixth.....
Personal misconduct unrelated to someone’s activities as a chapter 7 trustee can result in removal as a panel trustee for “cause” under Section 324(a), according to a nonprecedential opinion from the.....
When the Barton doctrine did not apply, the Eleventh Circuit achieved the same result by employing judicial immunity to insulate a bankruptcy trustee who made a mistake by seizing property belonging.....
Although the debtor had been foreclosed and the lender had won a writ of possession, a subsequent state court settlement order before bankruptcy was an executory contract that the debtor could assume.....
Employing state law, the Oregon Supreme Court reached the same conclusion as most federal courts: The trial court should allow the substitution of a bankruptcy trustee as the real party in interest.....
As everyone knows (or should know), the denial of a motion to withdraw the reference is not a final, appealable order. The Tenth Circuit teaches us that denial of withdrawal remains interlocutory.....
An individual bankrupt’s interest in a limited partnership is akin to an option and isn’t an executory contract subject to automatic rejection 60 days after filing, according to Chief Bankruptcy Judge.....
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.....