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.
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.....
To deny an individual’s discharge under Section 727(a)(5) for failure “to explain satisfactorily” a loss of assets, the First Circuit held that the missing assets need not be substantial.
Objecting to.....
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.....
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.....
Based on the broad definition given the word “claim,” a creditor has standing to bring a nondischargeability suit against an individual debtor for embezzlement when the debtor didn’t embezzle from the.....
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.....
A judgment not yet entered nonetheless may be declared nondischargeable as a “willful and malicious injury” under Section 523(a)(6).
In his January 8 opinion, New York’s Bankruptcy Judge Martin Glenn.....
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.....