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 one of his last decisions before retirement this week, Bankruptcy Judge Robert D. Drain of New York declined to follow dicta from recent court of appeals decisions in his circuit and ruled that the.....
The estate of a chapter 13 debtor who dies before completing plan payments may still be granted a discharge despite the decedent’s inability to complete the required financial management course.....
The Ninth Circuit Bankruptcy Appellate Panel held in a nonprecedential opinion that consumer debtors in chapter 7 have neither constitutional nor prudential standing to appeal an order selling their.....
In the term to begin this coming October, the Supreme Court will not be hearing cases raising two bankruptcy questions.
The Court will not decide (1) whether a refund is the proper remedy for a chapter.....
For the bankruptcy community, arbitration cases in the Supreme Court are important because the justices have never granted certiorari to decide whether arbitration agreements are generally enforceable.....
Following nonjudicial foreclosure, a lender’s failure to report a deficiency as having been “abolished” (or discharged) establishes “inaccuracy” and opens the door to the “furnisher’s” liability under.....
To bar discharge of a debt for violation of securities laws, Bankruptcy Judge Peter D. Russin of Fort Lauderdale, Fla., held that the debtor must have been a party in the lawsuit finding a violation.....
Deepening a split of circuits, the First Circuit held over a lengthy dissent that the Bankruptcy Code waived sovereign immunity as to tribes of Native Americans.
The majority’s May 6 opinion by Circuit.....
The lien on an impounded car in Chicago is a judicial lien that a debtor may avoid as an impairment of an exemption under Section 522(f), according to the Seventh Circuit.
In ruling on April 21 that.....
The Fourth Circuit has ruled emphatically that Taggart applies to all contempt citations in bankruptcy court.
However, the Richmond, Va.-based appeals court held that advice of counsel is not a.....