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.
If a creditor holds a judgment lien against a debtor arising from a claim based on fraud, it stands to reason, does it not, that the debtor cannot avoid the judgment lien under Section 522(f) as an.....
The powers of a Subchapter V trustee cannot be expanded to authorize the trustee to pursue avoidance actions belonging to the trustee, according to an opinion by District Judge Cathy Seibel of White.....
At the end of the term, the Supreme Court decided a nonbankruptcy case that puts to rest several bankruptcy questions arising in the wake of Northern Pipeline, Granfinanciera and Stern v. Marshall.
In.....
Parsing two decisions from the U.S. Supreme Court, the Tenth Circuit Bankruptcy Appellate Panel decided that nondischargeability for actual fraud under Section 523(a)(2)(A) demands justifiable.....
Alleging that a debtor was a net winner in a Ponzi scheme doesn’t state a claim for nondischargeability, even when the debtor has realized an “impossibly high” profit of $93,000 on an investment of $2.....
For every rule, there’s an exception.
On January 30, we reported the Paris decision by Bankruptcy Judge David D. Cleary of Chicago, which could be read (improperly) to mean that a division of marital.....
The Fifth Circuit expanded Bartenwerfer by holding a debt to be nondischargeable when the debtor was neither a partner nor an agent nor the person who himself committed the fraud.
The October 16.....
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.....
The Eleventh Circuit narrowly read a Florida fee-shifting statute to bar recovery of attorneys’ fees in an avoidance action unsuccessfully brought by a debtor incorporating state fraudulent transfer.....
Bankruptcy Judge Klinette H. Kindred of Alexandria, Va., embraced the concurring opinion in this term’s Bartenwerfer opinion from the Supreme Court by holding that a poor schlub who was an unwitting.....