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.
Disagreeing with Bankruptcy Judge Marvin Isgur of Houston and siding with the Internal Revenue Service, Chief Bankruptcy Judge Gregory L. Taddonio of Pittsburgh ruled that the bankruptcy court has no.....
Writing dicta in a nonprecedential opinion, Sixth Circuit Judge Amul R. Thapar cited Lexmark Int’l, Inc. v. Static Control Components, Inc., 572 U.S. 118 (2014), to conclude that the “person aggrieved.....
Any day now, the Supreme Court will hand down a decision in MOAC to decide whether Section 363(m) of the Bankruptcy Code is jurisdictional or only a limitation on remedy. MOAC Holdings LLC v.....
The First Circuit wrote a 47-page dissertation on the invocation of judicial estoppel in bankruptcy cases. Basically, the principle requires more than a demonstration that the party had advanced legal.....
The Eleventh Circuit explained the procedural maneuvers that will or will not permit the parties to convert an interlocutory order into a “final” order establishing a right of appeal. A stipulation of.....
In Barton, the Supreme Court held that receivers cannot be sued without permission from the appointing court. After adoption of the Bankruptcy Act of 1898, the doctrine was extended to cover.....
If a post-confirmation adversary proceeding is “core” or entails interpretation of an order made during the chapter 11 case, there is always jurisdiction. According to an August 25 opinion by Third.....
For standing to appeal, an individual chapter 7 debtor must substantiate allegations that the estate is solvent. “Speculative support” for the value of the assets will not suffice, the Seventh Circuit.....
The Ninth Circuit Bankruptcy Appellate Panel held in a nonprecedential opinion that consumer debtors in chapter 7 have neither constitutional nor prudential standing to appeal an order selling their.....
For the bankruptcy community, arbitration cases in the Supreme Court are important because the justices have never granted certiorari to decide whether arbitration agreements are generally enforceable.....