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 denial of compensation to a chapter 13 trustee when dismissal precedes confirmation does not offend the Due Process Clause of the Fifth Amendment, for multiple reasons explained by the Ninth.....
The powers of a Subchapter V trustee cannot be expanded to authorize the trustee to pursue avoidance actions belonging to the trustee, according to an opinion by District Judge Cathy Seibel of White.....
Bankruptcy Judge Michelle M. Harner of Baltimore decided that a mortgage servicer who barred the chapter 13 debtor from using the servicer’s online payment platform had violated the automatic stay ab.....
When the Barton doctrine did not apply, the Eleventh Circuit achieved the same result by employing judicial immunity to insulate a bankruptcy trustee who made a mistake by seizing property belonging.....
On the same day, the Ninth Circuit Bankruptcy Appellate Panel issued two opinions in the same case laying down important rules for involuntary petitions:
(1) Fully secured creditors with nonrecourse.....
Questions under chapter 13 can be complex, but the issue confronting Bankruptcy Judge Laura K. Grandy of East St. Louis, Ill., was off the charts.
Two people purchased a car together, taking title in.....
Since the CARES Act has expired, the bankruptcy court cannot now amend a confirmed chapter 13 plan while retaining an 84-month duration of the plan. For reasons explained in an opinion by Bankruptcy.....
Following the Fifth and Seventh Circuits, Thomas L. Ambro wrote an opinion for the Third Circuit holding that “a retirement plan governed by [the Employee Retirement Income Security Act] that is not.....
Aggressive bankruptcy planning won’t necessarily result in a denial of discharge, as shown by a Sixth Circuit opinion reversing the bankruptcy court and directing the entry of discharge.
The Sixth.....
Although his decision favored the debtor, an opinion by Bankruptcy Judge Brian C. Walsh of St. Louis shows how citizens with low incomes are poorly served by the Bankruptcy Code and meager state.....