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.
Some exemption planning is permissible, but Bankruptcy Judge Pamela W. McAfee of Raleigh, N.C., had a case where it went too far. Indeed, marriage can be a badge of fraud.
In an opinion on February 13.....
Section 1307(a) gives a chapter 13 debtor the right to dismiss when confronted with a motion for conversion to chapter 7.
The majority in a recent Sixth Circuit opinion held that the right to dismiss.....
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.....
On an important issue about judicial estoppel in bankruptcy cases, the Fifth Circuit handed down a nonprecedential opinion on January 13 raising exactly the same issue coming before the Supreme Court.....
Under any of the three tests, allegations of domestic abuse are “personal injury tort claims” under Section 157(b)(5), according to the Eighth Circuit Bankruptcy Appellate Panel.
Of greater.....
The Supreme Court granted certiorari to resolve a circuit split on the standard to employ before invoking judicial estoppel when a chapter 13 debtor failed to disclose a personal injury claim.
The date.....
With limited exceptions, traditional law says that chapter 7 debtors lack standing to object to proofs of claim. In a nonprecedential opinion, the Eleventh Circuit upheld dismissal of a debtor’s.....
Regarding the right of a chapter 13 debtor to dismiss a case filed in bad faith, Bankruptcy Judge Stacey L. Meisel of Newark, N.J., said it all in the second paragraph of her opinion:
A Chapter 13.....
The U.S. Supreme Court held in Ritzen that an order granting or denying relief from the automatic stay is a final, appealable order under 28 U.S.C. § 158(a)(1). Ritzen Group Inc. v. Jackson Masonry.....
Affirming the Bankruptcy Appellate Panel, the Ninth Circuit explained why the costs of an attorney’s disciplinary proceeding are not dischargeable in California. Paradoxically, similar costs from.....