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.
Is a chapter 7 trustee paid anything if the trustee discovers nonexempt property that would pay creditors in full but the case converts to chapter 13 before the trustee makes distributions?
In his May.....
Three circuits now hold that chapter 13 trustees are not paid their fees when cases are dismissed before confirmation. In an opinion on March 3, the Seventh Circuit joined the Ninth and Tenth Circuits.....
Three bankruptcy judges in St. Louis sat en banc and wrote an opinion that effectively bars bifurcated fee arrangements in the Eastern District of Missouri.
Recognizing “the difficulty that many.....
A troubling decision from a district court in New Jersey seems to have disregarded the power of a bankruptcy court under Section 329 to rule on the adequacy of disclosures and the amount of.....
Because there is not yet a split of circuits, it’s not surprising that the Supreme Court yesterday denied two petitions for certiorari asking the justices to decide whether the fees of chapter 13.....
The Supreme Court created a problem for cash-starved debtors when the Court held in Lamie that a discharge prevents a lawyer from requiring a chapter 7 debtor to pay for post-petition services after.....
The Ninth Circuit Bankruptcy Appellate Panel laid down rules about the sufficiency of pleadings and the burden of proof in small chapter 7 cases when the trustee seeks compensation for himself as his.....
I am thrilled to briefly pinch-hit here at Rochelle’s Daily Wire, though I doubt that Bill actually knows how to take a “vacation.” For those who have followed RDW through the years, you know that.....
The Eleventh Circuit narrowly read a Florida fee-shifting statute to bar recovery of attorneys’ fees in an avoidance action unsuccessfully brought by a debtor incorporating state fraudulent transfer.....
A district judge in New Jersey held that a chapter 7 trustee isn’t entitled to a commission based on disbursements to the trustee’s own counsel. The judge believes that counsel for a trustee is not a.....