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 target of a lawsuit financed by a litigation funding agreement has neither Article III standing nor prudential standing in the Eleventh Circuit to appeal the bankruptcy court’s order authorizing.....
We follow arbitration cases in the Supreme Court because the justices have never granted certiorari to decide whether arbitration agreements are generally enforceable in bankruptcy. For example, must.....
The requirement of “finality” can sometimes mean that you can’t appeal a finding that you were in contempt of the automatic stay. That’s the teaching of a March 25, nonprecedential opinion from the.....
Under the narrow interpretation of “personal injury tort,” a claim for defamation and a related claim for intentional infliction of emotional distress may be tried in bankruptcy court, according to.....
Someone issuing a subpoena to a bankruptcy trustee in a criminal case or a lawsuit outside of bankruptcy court must first ask the bankruptcy court for permission to issue the subpoena in view of the B.....
Reaching an issue the Supreme Court left undecided in Ritzen, the Ninth Circuit held that denial of a stay-relief motion without prejudice can still be a final, appealable order.
The appeals court.....
Now that the Eleventh Circuit has seemingly abolished the Barton doctrine as protection for estate professionals after bankruptcy cases have closed, an opinion by Bankruptcy Judge Erik P. Kimball.....
The pleading requirements laid down by the Supreme Court in Iqbal and Twombly do not apply to the filing of an involuntary bankruptcy petition under Section 303. The petitioning creditor need only.....
Ordinarily, a defendant will move heaven and earth to kick a fraudulent transfer suit out of bankruptcy court. When the shoe was on the other foot and the defendant was nailed in state court for.....
The First Circuit expanded the boundaries of constitutional mootness in a chapter 13 case, and perhaps also in chapter 11.
Even if the bankruptcy court had incorrectly directed the chapter 13 trustee.....