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.
Without Excusable Neglect, Debtors May Claim Exemption in Reopened Cases
Reversing bankruptcy courts, the Tenth Circuit Bankruptcy Appellate Panel held that a debtor can reopen a closed case to.....
Seventh Circuit Makes Stays Pending Appeal Automatic in Mortgage Foreclosures
Over a dissent, the Seventh Circuit ruled provisionally in a nonprecedential opinion that stays pending appeal should be.....
Fifth Circuit Joins Sister Circuits in Bestowing Qualified Immunity on Trustees
The Fifth Circuit joined three other circuits by endowing bankruptcy trustees and their attorneys with broad immunities.....
Stern Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U S C section 12 91
In a nonprecedential opinion, the Ninth Circuit identified one of the finer points of an appeals court’s.....
Newly Filed Certiorari Petitions Raise Circuit Splits on Finality and the Automatic Stay
Two newly filed petitions for certiorari ask the Supreme Court to decide whether 1 passively holding property.....
The Emily Litella Principle Governs the Withdrawal of Proofs of Claim
The Emily Litella principle will not divest the bankruptcy court of equitable jurisdiction, according to an opinion by Bankruptcy.....
Supreme Court Decision on Arbitration Has Ominous Implications for Bankruptcy
Justice Brett M. Kavanaugh wrote his first opinion for the Supreme Court in what The New York Times called a minor.....
Supreme Court Grants Cert to Decide Whether Good Faith Is a Defense to Contempt
On Friday afternoon, the Supreme Court granted certiorari in Taggart versus Lorenzen to decide whether good faith is a.....
Wildcard Exemption Covered a Prepetition Malpractice Claim
Section 522 g does not bar an individual debtor from claiming a wildcard exemption over a prepetition malpractice suit against the debtor’s.....
Courts Are Split on Breach of Contract Resulting in Nondischargeability
On an issue where the circuits are divided, Bankruptcy Judge David T Thuma of Albuquerque, New Mexico, decided that the door is.....