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.
A chapter 13 debtor ties the score in the top half of the ninth inning in a game against the trustee. In the bottom half of the ninth inning, the trustee loads the bases with two outs. The batter for.....
Even though the mortgage servicer’s monthly statements after filing said they were for informational purposes only, the Ninth Circuit Bankruptcy Appellate Panel held that the servicer nonetheless.....
Courts are split three ways on whether chapter 13 debtors can make contributions to 401(k) plans. Some courts permit none whatsoever, while others permit contributions no larger than what the debtor.....
On remand from the district court, Bankruptcy Judge Bess M. Parrish Creswell of Montgomery, Ala., defused an attempt by a title lender to establish a legal principle that would bar individuals from.....
An opinion by Bankruptcy Judge Scott M. Grossman of Fort Lauderdale, Fla., could be read to imply that a chapter 13 debtor outside the Eleventh Circuit is not required to disclose the receipt of a.....
On an issue where the courts are widely divided, Chief Bankruptcy Judge Brian T. Fenimore of Kansas City, Mo., adopted the so-called estate-replenishment theory to conclude that appreciation in a home.....
At the risk of oversimplification, the Eleventh Circuit held that a final, enforceable order confirming a chapter 13 plan could not be enforced to the extent that the plan violated Section 1322(b)(2).....
During an era when courts torture the language of opaque statutes to find answers for difficult questions, it was refreshing to read an opinion by Bankruptcy Judge Robert A. Mark of Miami, who used.....
Joining what he called the “slight minority of courts,” Chief Bankruptcy Judge Brian T. Fenimore of Kansas City, Mo., decided that the appreciation in the value of a homestead during a chapter 13 case.....
Although it never passes through the debtor’s hands, medical and dental insurance premiums paid by an employer must be included in a chapter 13 debtor’s current monthly income, according to Bankruptcy.....