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.
Circuit decisions are rare where the concurrence is more significant than the panel opinion. In a bankruptcy that has already generated gobs of law at all levels, Sixth Circuit Judge Jeffrey S. Sutton.....
A lawyer who allegedly helped judgment debtors hide their assets in his trust account got off scot-free under New York fraudulent transfer law combined with ethical rules governing a lawyer’s conduct.....
An opinion by Bankruptcy Judge Christopher M. Klein of Sacramento, Calif., is a hoot. It deserves reading in full text just for the entertainment value. If practices he describes are prevalent in the.....
Fifth Circuit Stretches Equitable Notions to Bend Plain Language
A nonprecedential opinion from the Fifth Circuit raises the perennial question: When, if ever, may the court ignore the plain language.....
An opinion from the Eighth Circuit shows the injustice that seemingly results from slavish adherence to the statute demanded by Law v. Segal, 571 U.S. 415 (2014), where the Supreme Court held that the.....
The lower courts are divided on the issue, but the First Circuit is the first court of appeals to decide the question.
The debtor was a fraudster sentenced to 10 years in prison for perpetrating a.....
Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes
The Fifth Circuit wrote a primer on pleading standards for claims of fraudulent transfer, preference, equitable.....
Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
Later this year, the Ninth Circuit will decide whether the civil contempt power enables a bankruptcy judge to jail someone for more than.....
Connecticut Joins New York on Fraudulent Transfers for Children’s Tuition
Courts in Connecticut and New York are taking the same approach in deciding whether a parent’s payments of tuition for an.....
Tuition Payments for Adult Children Squarely Held to Be Constructively Fraudulent
On an issue dividing the lower courts, Bankruptcy Judge Martin Glenn of New York squarely held that educational.....