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.....
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.....
May a trustee recover from an immediate or mediate transferee if the recipient received proceeds from a fraudulent transfer but not the fraudulently transferred property itself?
Answering a question.....
Second Circuit Defines a Prohibited Double Recovery on Fraudulent Transfers
Affirming Bankruptcy Judge Alan S Trust, the Second Circuit explained when a trustee is prohibited from making a double.....
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.....
Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims
Constrained by the logic of In re Bellingham Ins. Agency Incorporated, although not by its holding, Bankruptcy Judge.....
Reading Stern Narrowly, Delaware Judge to Issue Final Order in Fraudulent Transfer Suit
Narrowly interpreting Supreme Court authority, Chief Bankruptcy Judge Christopher S Sontchi of Delaware.....
Third Circuit Pronounces a Damages Formula for Fraudulent Entireties Transfers
Bankruptcy Judge Thomas P Agresti of Erie, Pennsylvania, was given the supreme compliment by the Third Circuit: The.....
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.....