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.....
A chapter 7 debtor kept a chose in action that arose from the dead after filing, for reasons explained by Bankruptcy Judge Alan S. Trust of Central Islip, N.Y.
The debtor filed a chapter 7 petition in.....
Unlike the majority of courts, the Sixth Circuit doesn’t permit a chapter 13 debtor to surrender collateral, modify a confirmed plan and classify the deficiency as an unsecured claim.
Bound by Sixth.....
Over a dissent and in disagreement with the Collier treatise, the Eleventh Circuit created a circuit split by holding that real property with an alternative purpose is subject to the anti-modification.....
Although the debtor had been foreclosed and the lender had won a writ of possession, a subsequent state court settlement order before bankruptcy was an executory contract that the debtor could assume.....
In chapters 12 and 13, the courts are divided on whether a debtor must show “a substantial and unanticipated change in circumstances” to modify a confirmed plan.
Following Eighth Circuit dicta, the.....
An individual bankrupt’s interest in a limited partnership is akin to an option and isn’t an executory contract subject to automatic rejection 60 days after filing, according to Chief Bankruptcy Judge.....
Chief Bankruptcy Judge Dale L. Somers of Topeka, Kan., wrote two opinions keeping the chapter 12 door open for individuals who farm through LLCs or liquidated their farming assets but intend to.....
A decision by the district court in restructuring Puerto Rico’s debt demonstrates the gyrations a court must sometimes undertake to conclude that a contract is capable of assumption under the.....
If tribal law is written correctly, a tribe member’s share of gaming revenue is not estate property under Section 541(a), even if state law might give a different result, according to Chief Bankruptcy.....