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.
Educational Loans from a Private Lender Are Held Dischargeable
Following what she called the trending narrow view, Bankruptcy Judge Kimberley H. Tyson of Denver ruled that not all educational loans.....
Functionally Illiterate, Disabled Debtor Succeeds in Discharging Student Loans
Building on existing Sixth Circuit authority, Bankruptcy Judge Mary Ann Whipple of Toledo, Ohio, held that eligibility.....
Judge Develops a Creative Remedy to Deal with Nondischargeable Student Loans
The difficulties that bankruptcy judges face in discharging student loans can result in the invention of creative remedies.....
A district judge in Chicago reversed Bankruptcy Judge Janet S. Baer, who had ruled in December that having student loans exceeding the chapter 13 unsecured debt limit does not require dismissing an.....