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.....
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.....
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On an important issue about judicial estoppel in bankruptcy cases, the Fifth Circuit handed down a nonprecedential opinion on January 13 raising exactly the same issue coming before the Supreme Court.....
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.....
Sometimes, it’s impossible to find precedent for a self-evident proposition. Here’s one where you won’t have that problem: A chapter 13 debtor cannot pay nondischargeable debt in full while paying.....
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.....
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.....
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.....