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.
Differing with opinions by two bankruptcy judges in the Middle District of Georgia in 1987 and 1988, Bankruptcy Judge Robert M. Matson of Macon, Ga., decided that fees for a standing chapter 12.....
Joining what she called the “vast majority of courts,” Bankruptcy Judge Rachel M. Blise of Milwaukee decided that an inheritance received more than 180 days after filing becomes part of the chapter 13.....
If the debtor received a discharge of personal liability on a home mortgage in a prior bankruptcy, subsequently confirming a chapter 13 plan and keeping the home may not be a piece of cake, as.....
Last week, we reported on how Bankruptcy Judge M. Ruthie Hagan of Memphis, Tenn., interpreted the Supreme Court’s Till decision to mean that a fully secured holder of a second mortgage to be paid in.....
Sitting in the Sixth Circuit, Bankruptcy Judge M. Ruthie Hagan of Memphis, Tenn., decided that the Eighth Circuit had better authority interpreting Till and providing guidance for fixing the rate of.....
Chief Bankruptcy Judge Peter C. McKittrick of Portland, Ore., wrote an opinion with the effect of a local rule telling chapter 13 debtors to use common sense in deciding how much detail to include in.....
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.....
On an issue where the courts are split, Bankruptcy Judge Benjamin A. Kahn of Durham, N.C., decided that unsecured creditors are not entitled to interest on their claims under a chapter 13 plan when.....
A chapter 13 debtor can’t be required to turn over tax refunds to the trustee when the plan pays creditors in full, for reasons explained by Chief Bankruptcy Judge Noah G. Hillen of Boise, Idaho.
A.....
“Respectfully” disagreeing with the Sixth Circuit and several lower courts, Chief Bankruptcy Judge Peggy Hunt of Salt Lake City allowed a chapter 13 debtor to surrender a car after confirmation and.....