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.
In a case of first impression among the circuits, the Ninth Circuit held that misrepresentations made by individuals in chapter 11 about the value of a home will allow a later chapter 7 trustee to.....
The Eighth Circuit holds that judicial estoppel bars a chapter 13 debtor from recovering on an undisclosed personal injury claim that arose after filing but before the completion of plan payments. If.....
On two important questions, the Third Circuit handed down a decision on modification of chapter 13 plans that should apply equally to modified chapter 11 plans:
1. When the debtor moves to modify a.....
When there is an objection to confirmation, Section 1325(b)(1) requires the debtor to pay creditors in full or devote all “projected disposable income” to the payment of claims.
On a question where.....
Siding with the Ninth Circuit and distinguishing a seemingly similar decision from the Tenth Circuit, the Eighth Circuit held that appreciation in the value of a home during a chapter 13 case belongs.....
If a trustee recovers an estate asset after the debtor made their last payment under a chapter 13 plan, the recovery goes to the debtor in the absence of a provision in the plan directing the asset to.....
Bankruptcy Judge Henry A. Callaway of Mobile, Ala., ruled last year that settlement proceeds resulting from postpetition personal injury claims were not disposable income and should not increase.....
Although a superficial reading of Official Form 122C-2 might suggest otherwise, Bankruptcy Judge Robert H. Jacobvitz of Albuquerque, N.M., ruled that an above median income chapter 13 debtor who has.....
Addressing a question that the Seventh Circuit hasn’t decided, Bankruptcy Judge David D. Cleary of Chicago “respectfully” disagreed with the Sixth Circuit and sided with the majority by holding that a.....
Courts don’t agree on who gets appreciation when a home is sold during a chapter 13 case or if the case converts to chapter 7. Does post-petition appreciation stay with the debtor, or does it go to.....