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.
Once a debtor has completed plan payments, the bankruptcy court has power under Bankruptcy Rule 7070 to clear title by removing liens that were stripped off in the debtor’s chapter 13 plan.
In.....
Other than a judicial lien securing a domestic support obligation, a debtor may avoid a lien that impairs an exemption under Section 522(f), even if the lien secures a nondischargeable debt, according.....
Student loans consolidated after filing cannot be discharged even on a showing of “undue hardship,” for reasons explained by Bankruptcy Judge Shad M. Robinson of Austin, Texas.
The debtor filed a.....
The bankruptcy court has discretion to avoid a constructively fraudulent transfer of exempt property even if the result makes the debtor solvent and able to pay her creditors in full, the Second.....
A settlement term sheet signed after mediation by the debtor, her nondebtor husband and the creditor was enforceable, according to Bankruptcy Judge Ashely M. Chan of Philadelphia, even though the.....
On a question where the courts are divided, Bankruptcy Judge John S. Hodge of Shreveport, La., ruled that debt service for a non-purchase money lien on an automobile is not deductible in calculating a.....
On a question where courts disagree, Bankruptcy Judge Denise E. Barnett of Memphis, Tenn., has held that a chapter 13 debtor may retain exempt proceeds from a personal injury settlement because.....
Finding neither constitutional nor prudential standing to appeal, the Ninth Circuit permitted a chapter 7 trustee to sell a home out from underneath the debtors when the home was worth less than the.....
Putting a child through college — even at a rock-bottom tuition — can make someone ineligible for chapter 7 and simultaneously incapable of funding a chapter 13 plan, as demonstrated in an opinion by.....
Hon. Mark Randon of the U.S. Bankruptcy Court for the Eastern District of Michigan recently weighed in on an issue that has divided bankruptcy courts over the past few years. Debtors who opt for.....