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.
On a question where the lower courts are split, District Judge R. Brooke Jackson of Denver sided with the majority, reversed the bankruptcy court and held that a chapter 13 trustee is not entitled to.....
In Fulton, the Supreme Court ruled that the City of Chicago did not violate the automatic stay under Section 362(a)(3) by refusing to return impounded cars immediately after the owners filed chapter.....
A panel on the Ninth Circuit saw “no justification in federal law, state law, or logic” for the appeals court’s own precedents that result in the loss of debtors’ homestead exemptions.
The December 3 p.....
Taking sides with Collier but disagreeing with two other treatises, Bankruptcy Judge John E. Waites of Columbia, S.C., ruled that a chapter 13 debtor is not required to pay interest on unsecured.....
Debtors’ counsel have a problem. If a case converts to chapter 7 before confirmation of a chapter 13 plan, they might not be paid.
If a chapter 13 case is dismissed before confirmation, Section 1326(a).....
A terse, nonprecedential opinion from a circuit court takes on significance when it upholds a lower court decision on the cutting edge of the bankruptcy discharge.
So it was with a two-page, Ninth.....
Concluding that the Supreme Court’s Fulton decision overruled prior Ninth Circuit authority, the Ninth Circuit Bankruptcy Appellate Panel held that a creditor no longer violates any provision of the.....
The Ninth Circuit Bankruptcy Appellate Panel held that committing a “technical” violation of the automatic stay does not absolve the creditor of liability for a willful stay violation under Section.....
There is no “cause” for modifying the automatic stay when the creditor’s objective is to undo the consequences of disastrous litigation strategy, according to the Eleventh Circuit.
The November 16.....
On an issue where the circuits are split, Bankruptcy Judge Kathleen H. Sanberg of Minneapolis sided with the majority and held that “only a debt traceable to a securities law violation committed by a.....