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.
Differing with opinions by two bankruptcy judges in the Middle District of Georgia in 1987 and 1988, Bankruptcy Judge Robert M. Matson of Macon, Ga., decided that fees for a standing chapter 12.....
Joining what she called the “vast majority of courts,” Bankruptcy Judge Rachel M. Blise of Milwaukee decided that an inheritance received more than 180 days after filing becomes part of the chapter 13.....
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.....
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.....
Affirming the bankruptcy court, a district judge in New York held that a monetary sanction for violation of the automatic stay may be collected by use of a contempt motion rather than through use of a.....
Last week, we reported on how Bankruptcy Judge M. Ruthie Hagan of Memphis, Tenn., interpreted the Supreme Court’s Till decision to mean that a fully secured holder of a second mortgage to be paid in.....
The Ninth Circuit Bankruptcy Appellate Panel wrote a handbook for bankruptcy judges writing vexatious litigant orders with prefiling injunctions.
The panel issuing the per curiam, nonprecedential.....