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.
Unless all of a private student loan was used for “qualified higher education expenses,” none of the loan is nondischargeable under Section 523(a)(8)(B).
The Ninth Circuit Bankruptcy Appellate Panel.....
On an issue where the courts are split, Chief Bankruptcy Judge Carl L. Bucki of Buffalo, N.Y., decided that the Supremacy Clause precludes the court from honoring a property execution delivered to a.....
For debtors in chapter 7, the sale of cryptocurrency is considered “income” in the calculation of current monthly income and in deciding whether there is a presumption of abuse, in the eyes of.....
“Respectfully” disagreeing with the Sixth Circuit and several lower courts, Chief Bankruptcy Judge Peggy Hunt of Salt Lake City allowed a chapter 13 debtor to surrender a car after confirmation and.....
With limited exceptions, traditional law says that chapter 7 debtors lack standing to object to proofs of claim. In a nonprecedential opinion, the Eleventh Circuit upheld dismissal of a debtor’s.....
When a bank had personal guarantees from both the husband and wife, the bank had only one claim in the couple’s joint chapter 7 case, for reasons explained by Bankruptcy Judge Rachel M. Blise of.....
In the Third Circuit, lack of financial distress means dismissal of a corporate chapter 11 petition. See In re LTL Management LLC, 58 F.4th 738, 64 F.4th 84 (3d Cir. Jan. 30, 2023).
For an individual.....
Perhaps on a longshot, creative counsel advanced a theory that would have made many homeowners immune from the test for presumption of abuse under Section 707(b)(2)(A)(i) if a home mortgage were.....
In an important decision, the Second Circuit held that a creditor may not use an uncontested claim allowance in an offensive use of claim preclusion if it would be “unfair.”
In her August 8 opinion.....
Bankruptcy Judge Robert H. Jacobvitz of Albuquerque, N.M., described a circumstance when an individual debtor is entitled to pursue an appeal after conversion of a chapter 11 case to chapter 7.
The.....