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.
Before we begin this column, we'd like to take a moment to remember the lives that were lost on 9/11 and the families and communities that continue to be impacted by that tragic event. Never forget.
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I am thrilled to briefly pinch-hit here at Rochelle’s Daily Wire, though I doubt that Bill actually knows how to take a “vacation.” For those who have followed RDW through the years, you know that.....
In fixing the value of a debtor’s interest in property held as tenants by the entireties when avoiding a judicial lien as an impairment of an exemption under Section 522(f), the First Circuit held.....
The Eleventh Circuit narrowly read a Florida fee-shifting statute to bar recovery of attorneys’ fees in an avoidance action unsuccessfully brought by a debtor incorporating state fraudulent transfer.....
“The accepted procedure for allowing state courts to divide marital property when one spouse files bankruptcy is to modify the automatic stay and abstain from adjudicating the property settlement,”.....
Although the lower courts are split, the Fourth Circuit became the first court of appeals to rule that the Bankruptcy Code does not preempt claims under state law for violation of the discharge.....
The government won the IRS Open three sets to love, when the Sixth Circuit sided with the Third and Fourth Circuits by holding that the “penalty” imposed on a taxpayer for failure to purchase health.....
The extended bar date for governmental claims applies if a governmental unit is the holder of the claim, even if a nongovernmental entity is the servicer of the claim, the Fifth Circuit says.
A couple.....
Personal property is not exempt even if it was purchased with Social Security benefits that were exempt, according to an opinion by Chief District Judge J. Randall Hall of August, Ga., affirming.....
Holding that a bankruptcy court may not enforce a discharge order entered in another district, the Second Circuit nixed the idea of a nationwide class action alleging contempt of the discharge.....