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.
Surveying recent authorities from around the nation, Bankruptcy Judge Mary Jo Heston of Tacoma, Wash., laid out the factors that control categorizing a lien as judicial or statutory.
The distinction.....
Concluding that recent Ninth Circuit authority gives the debtor an absolute right to dismiss a chapter 13 case, the Bankruptcy Appellate Panel for the Ninth Circuit held “that ineligibility to be a.....
Ruling in favor of the debtor on an issue similar to the question before the Supreme Court this coming term in Bartenwerfer, Bankruptcy Judge Joshua P. Searcy of Tyler, Texas, held that a debt is.....
The Ninth Circuit handed down a terse opinion on a homestead exemption that seemed on cursory reading to validate the practice of buying and burying an unfavorable decision.
The debtor owned a limited.....
The First Circuit Bankruptcy Appellate Panel insinuated that the Department of Education’s so-called borrower defense to the repayment of student loans cannot be raised under Section 523(a)(8) without.....
Yesterday, we reported how the courts are split on whether a trustee can step into the shoes of the Internal Revenue Service to bring a fraudulent transfer suit going back 10 years under Section 544(b.....
Eventually, we may have a split of circuits on the question of whether a trustee can step into the shoes of the Internal Revenue Service to bring fraudulent transfer suits going back 10 years under.....
A district court decision from Houston is required reading for plaintiffs’ tort lawyers to understand how they must write jury instructions and special verdict forms to ensure that judgments for.....
If the law changes dramatically after confirmation of a plan, the Seventh Circuit tells us that the debtor must move within one year of confirmation to amend the plan. Otherwise, the debtor will be.....
On an issue where the lower courts are split, a district judge on Long Island, N.Y., reversed the bankruptcy court by holding that a debtor is entitled to a homestead exemption in sale proceeds when.....