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.
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.....
Declining “the request to expand broadly an already questionable doctrine,” the majority on a Sixth Circuit panel held “that the doctrine of equitable mootness has no place in Chapter 7 liquidations.”.....
There is a body of caselaw where trustees have sued, with more or less success, to recover tuition paid by parents for emancipated children. But when the trustee for a father recently alleged that an.....
For a year, there had been a breath of hope that so-called bifurcated fee arrangements would pass muster in South Carolina. Now, the breath of hope has become a last gasp.
Affirming the bankruptcy.....
Congress desperately needs to amend the Bankruptcy Code and decide whether chapter 13 debtors are allowed to retain post-petition appreciation in the value of their homes.
Courts today are divided. In.....
On a question where the courts are split, Chief Bankruptcy Judge Magdeline D. Coleman of Philadelphia decided that dismissal is not mandatory under Section 109(g)(2) if an individual voluntarily.....
Bankruptcy Judge Gregory L. Taddonio has a way with words. “Sometimes,” he said, “even the most settled legal principles need to be repeated.” For example, “strict rules” exist “governing the.....
The amendments to Section 330(a) in 1994 do not bar courts from considering “results obtained” when making allowances of professional compensation, the Sixth Circuit held in an opinion on August 16.
Th.....
The Ninth Circuit and its Bankruptcy Appellate Panel have been at the forefront in criticizing Kelly v. Robinson, where the Supreme Court arguably departed from the language of the statute to achieve.....
In one of his last decisions before retirement this week, Bankruptcy Judge Robert D. Drain of New York declined to follow dicta from recent court of appeals decisions in his circuit and ruled that the.....