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.
Taking sides with the dissenter and disagreeing with the Second Circuit’s majority opinion on August 2, Bankruptcy Judge Eduardo Rodriguez from the Southern District of Texas held that a debtor can.....
In the wake of Taggart, an appellate decision from North Carolina demonstrates how lawyers and courts must draft orders and plans with specificity, otherwise allegedly offending creditors can’t be.....
Over a vigorous dissent, the Second Circuit overruled the bankruptcy court and in the process made two landmark rulings: (1) The Taggart standard for the imposition of contempt applies to all.....
The Eighth Circuit Bankruptcy Appellate Panel approved a bifurcated fee arrangement, so long as the chapter 7 debtor pays nothing more after filing than would have been paid if the retainer were paid.....
Chief Bankruptcy Judge Laurel M. Isicoff of Miami wrote an opinion that serves the purpose of a local rule by explaining how and when a consumer can sign up for a so-called bifurcated arrangement to.....
Fighting like cats and dogs may be acceptable in a matrimonial case, but not when special counsel represents a debtor who is restructuring her debt in chapter 11.
Bankruptcy Judge Marvin Isgur of.....
Even though measured by the expenses incurred by the state disciplinary authorities, a district judge in Wisconsin sided with the Ninth Circuit and held that costs assessed against the lawyer were not.....
In September, the Ninth Circuit held that the Equal Access to Justice Act does not allow debtors to recover attorneys’ fees for reversing the bankruptcy court’s sua sponte denial of confirmation of a.....
District Judge Joan M. Azrack of Central Islip, N.Y., laid down the rules for lodging a pre-filing injunction against a vexatious litigant.
The chapter 7 debtor had not paid a mortgage since 2014. The.....
Failing to amend a prepetition complaint to assert only post-petition claims resulted in a violation of the discharge injunction, even though the plaintiff in state court argued that it only intended.....