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.
Section 522(g) prevents a debtor from claiming an exemption in property that a trustee recovers if the transfer by the debtor was voluntary. In other words, a debtor cannot claim a homestead exemption.....
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.....
Effective in 2020, Congress amended Section 547(b) by requiring a debtor or trustee to perform “due diligence” before filing a preference complaint, covering the defendant’s “known or reasonably.....
Docketing a judgment by itself doesn’t result in a lien on personal property, for reasons explained by Bankruptcy Judge John P. Mastando, III in a case involving New York law.
The debtor was an.....
On a question where there is precious little authority, Bankruptcy Judge Janet S. Baer of Chicago decided that Bankruptcy Rule 9006(b) and equitable tolling permit an extension of the two-year.....
In Tyler v. Hennepin County, 598 U.S. 631 (2023), the Supreme Court held that a real estate tax foreclosure can violate the Takings Clause of the Fifth Amendment when a municipality takes title but.....
When fraud results in the loss of discharge, it doesn’t necessarily also limit the amount of a state homestead exemption under Section 522(q)(1)(B)(ii), as shown by an opinion from the Ninth Circuit.....
Affirming the bankruptcy court, a district judge in Brooklyn identified a loophole allowing chapter 13 debtors in some states to assert a homestead exemption without having the exemption prevent the.....
Reversing the bankruptcy court, a district judge in San Antonio explained why making estimated tax payments isn’t a fraudulent transfer to the Internal Revenue Service.
For 2020, a couple’s tax.....