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.
With qualifications implying that all chapter 13 debtors may not qualify, Chief Bankruptcy Judge Helen E. Burris of Spartanburg, S.C., sided with the majority and allowed the debtor to continue making.....
Bankruptcy Judge Elizabeth D. Katz gave some relief to an individual not entitled to discharge student loans.
Under Section 105(a), Judge Katz of Springfield, Mass., discharged whatever would be left.....
In a state that allows a couple to hold personal property as tenants by the entireties, a tax refund is not estate property if only one spouse is in bankruptcy, even when all income was earned by the.....
Even though burdened with nondischargeable claims, an individual chapter 7 debtor lacks standing as a “party in interest” to object to a proof of claim, even if it’s the largest claim against the.....
Someone who finances prosecution of a personal injury claim in New York has nothing more than an unsecured claim if the debtor who holds the claim files bankruptcy before settlement or entry of.....
Sending anonymous text messages and emails alleging that the debtor engaged in “numerous extramarital affairs” does not violate the automatic stay, even if the sender is a creditor, according to.....
If a chapter 13 case has been dismissed before confirmation, the Tenth Circuit Bankruptcy Appellate Panel seems inclined to allow judgment creditors to garnish funds that the trustee would otherwise.....
For an individual debtor who misbehaves badly, the bankruptcy court may both deny discharge and dismiss immediately thereafter, according to the First Circuit. Consequently, the sanction of denial of.....
Just Asking for Confirmation from a Data Furnisher Won’t Bar an FCRA Suit, Circuit Says
Handing down an important decision on the federal Fair Credit Reporting Act, the Eleventh Circuit ruled that.....
A bankruptcy court has subject matter jurisdiction or power to entertain a nationwide class action alleging contempt of the discharge injunction, according to Bankruptcy Judge Elizabeth S. Stong of.....