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 Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral
Does the presumption of the validity and amount of the claim in Bankruptcy Rule 3001 f include the value ascribed.....
Seventh Circuit Bars Chapter 13 Plan from Conferring Immunity from Traffic Tickets
In a tightly worded, conversational opinion fraught with memorable quotations, Seventh Circuit Judge Frank.....
Reading Stern Narrowly, Delaware Judge to Issue Final Order in Fraudulent Transfer Suit
Narrowly interpreting Supreme Court authority, Chief Bankruptcy Judge Christopher S Sontchi of Delaware.....
Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules
The bankruptcy stay did not extend the statute of limitations with regard to an administrative tax claim that the chapter 11.....
Defectively Executed Mortgages Are Still Avoidable in Ohio
The Ohio legislature didn’t go far enough to protect mortgage lenders from predation by bankruptcy trustees feasting on defectively executed.....
A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay
On pain of contempt for violating the automatic stay, a creditor must attempt to stop a nonbankruptcy court from continuing civil.....
Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart
The Sixth Circuit refused to allow an ambiguously written state statute to provide insulation from liability for violating the automatic.....
The Supreme Court Refuses to Revisit Dewsnup
The Supreme Court won’t be overruling Dewnsup this year, and probably never. Yesterday, the justices denied the petition for certiorari in Ritter v. Brady.....
Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
Later this year, the Ninth Circuit will decide whether the civil contempt power enables a bankruptcy judge to jail someone for more than.....
Supreme Court Is on the Road to Overruling Dewsnup
On February 15, the Supreme Court will consider a petition for certiorari asking the justices to overrule the infamous Dewsnup decision.
Over a.....