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.....
For debtors in chapter 7, the sale of cryptocurrency is considered “income” in the calculation of current monthly income and in deciding whether there is a presumption of abuse, in the eyes of.....
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.....
Bankruptcy Judge Robert H. Jacobvitz of Albuquerque, N.M., described a circumstance when an individual debtor is entitled to pursue an appeal after conversion of a chapter 11 case to chapter 7.
The.....
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as a chapter 7 trustee can result in removal as a panel trustee for “cause” under Section 324(a), according to a nonprecedential opinion from the.....
Affirming the district court and the late Bankruptcy Judge Joseph M. Meier of Boise, Idaho, the Ninth Circuit held in a nonprecedential opinion that student loans to obtain a professional degree are.....
Since Social Security benefits are exempt property, must an individual debtor in Subchapter V of chapter 11 report Social Security income on monthly operating reports?
The answer is “yes,” according.....
The powers of a Subchapter V trustee cannot be expanded to authorize the trustee to pursue avoidance actions belonging to the trustee, according to an opinion by District Judge Cathy Seibel of White.....
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.....
On the same day, the Ninth Circuit Bankruptcy Appellate Panel issued two opinions in the same case laying down important rules for involuntary petitions:
(1) Fully secured creditors with nonrecourse.....