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.
Employing strategies for several years to avoid paying income taxes can make the debts nondischargeable under Section 523(a)(1)(C), even for taxes due more than three years before bankruptcy.
Bankruptc.....
Affirming the Bankruptcy Appellate Panel, the Ninth Circuit explained why the costs of an attorney’s disciplinary proceeding are not dischargeable in California. Paradoxically, similar costs from.....
In Tyler v. Hennepin County, 598 U.S. 631 (2023), the Supreme Court held that a real estate tax foreclosure can violate the Takings Clause of the Fifth Amendment when a municipality takes title but.....
The automatic stay did not protect an individual debtor from the creditor’s collection of a $20,000 award of liquidated damages for the debtor’s violation of a prepetition state court injunction, nor.....
Affirming the bankruptcy court, a district judge in Brooklyn identified a loophole allowing chapter 13 debtors in some states to assert a homestead exemption without having the exemption prevent the.....
Avoiding a split of circuits, the Ninth Circuit affirmed the Bankruptcy Appellate Panel by holding that the exception in Section 1322(c)(2) permits a chapter 13 debtor to bifurcate a home mortgage.....
Reversing the bankruptcy court, a district judge in San Antonio explained why making estimated tax payments isn’t a fraudulent transfer to the Internal Revenue Service.
For 2020, a couple’s tax.....
The ultimate outcome of a lawsuit in Chicago will determine whether bankruptcy courts have the power to entertain class actions where the damages for any one debtor are so small that individual.....
The Ninth Circuit bent over backwards to hold that sovereign immunity protects a state from the imposition of compensatory and punitive damages for filing an involuntary bankruptcy petition that was.....
In Tyler v. Hennepin County, 598 U.S. 631 (2023), the Supreme Court decided in May 2023 that a real estate tax foreclosure can violate the Takings Clause of the Fifth Amendment when a municipality.....