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.
Although the right of a trustee to sell an individual debtor’s defensive appellate rights was not before the court, the Eighth Circuit held that an appeal from an order approving the sale of offensive.....
To obtain a “bad faith” judgment against an insurer for the plaintiff’s damages in excess of policy limits, the plaintiff must continue the suit nominally against the defendant. When the defendant is.....
Following Second Circuit precedent holding that denial of a debtor’s motion to dismiss a chapter 7 case is not a final, appealable order, a district judge on Long Island, N.Y., decided that an order.....
Chapter 13 debtors often live hand to mouth for the duration of their plans. Any bump in the road can bust the plan.
In a recent case, Bankruptcy Judge Rebecca B. Connelly of Harrisonburg, Va.....
When fraud results in the loss of discharge, it doesn’t necessarily also limit the amount of a state homestead exemption under Section 522(q)(1)(B)(ii), as shown by an opinion from the Ninth Circuit.....
The Ninth Circuit Bankruptcy Appellate Panel painted itself into a corner in 2002 when it held that a bankruptcy court has no discretion to modify a discharge injunction under Section 524(a).
To avoid.....
Unlike the majority of courts, the Sixth Circuit doesn’t permit a chapter 13 debtor to surrender collateral, modify a confirmed plan and classify the deficiency as an unsecured claim.
Bound by Sixth.....
Counsel in California, beware: The state’s reciprocal fee-shifting statute means that the losing side — whether it be the debtor, the trustee or the creditor — pays the adversary’s attorneys’ fees if.....
Applying analogies to tort law, the Seventh Circuit held that comparative fault requires a reduction of a debtor’s recovery of compensatory damages for a violation of the discharge injunction.
For the.....
An attorney’s disciplinary proceeding offends neither the automatic stay nor the discharge injunction, for reasons explained by the Ninth Circuit Bankruptcy Appellate Panel.
The same is true even when.....