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.
The Sixth Circuit Bankruptcy Appellate Panel barred a debtor from using voluntary dismissal under Rule 41(a)(2) to avoid the consequences of discovery abuses. More specifically, the factual findings.....
There is no constitutional or statutory right of free access to the nationwide PACER system, even from terminals in the courthouse, according to a terse opinion from a Sixth Circuit judge on a pro se .....
In Fulton, the Supreme Court ruled that the City of Chicago did not violate the automatic stay under Section 362(a)(3) by refusing to return impounded cars immediately after the owners filed chapter.....
Concluding that the Supreme Court’s Fulton decision overruled prior Ninth Circuit authority, the Ninth Circuit Bankruptcy Appellate Panel held that a creditor no longer violates any provision of the.....
There is no “cause” for modifying the automatic stay when the creditor’s objective is to undo the consequences of disastrous litigation strategy, according to the Eleventh Circuit.
The November 16.....
Anyone who gambles incessantly risks bankruptcy and the denial of discharge without adequate documentation of gambling losses.
Bankruptcy Judge Timothy A. Barnes of Chicago wrote an opinion listing.....
Requesting and obtaining continuances of a prepetition lawsuit against a debtor do not violate the automatic stay in Section 362(a), according to the Ninth Circuit Bankruptcy Appellate Panel.
In other.....
Dismissal with prejudice is a hot topic in chapter 13 for courts throughout the country. Bankruptcy Judge Michelle V. Larson of Dallas dismissed a case for “cause” under Section 1307(c) and imposed a.....
Notice of the bar date by email may satisfy the requirements of due process, but emailed notice does not comply with the Bankruptcy Rules and in itself is insufficient to enforce the bar date.....
Judgment creditors were given permission under the Barton doctrine to conduct garnishment proceedings in state court to collect some $29,000 held by a chapter 13 trustee in a case that was dismissed.....