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.
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.....
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.....
On an issue where the circuits are divided, Bankruptcy Judge Patricia M. Mayer of Reading, Pa., decided that she could not employ equity to extend a deadline that had expired — in this case, the.....
The actions of a 13-year-old boy resulted in a $1 million default judgment against the parents based on vicarious liability. Unwilling to expand the Bartenwerfer holding, the Ninth Circuit Bankruptcy.....
Affirming Bankruptcy Judge Michael E. Romero, a district judge in Denver wrote an opinion standing for the proposition that a trustee may not liquidate estate property solely for the benefit of the.....
Following its own precedent and declining the government’s invitation to create a circuit split, the Ninth Circuit held that the doctrine of recoupment “is not permissible where, as here, [the Social.....
In December, we reported on a decision where Bankruptcy Judge David T. Thuma of Albuquerque, N.M., held that he could avoid a judicial lien based on a judgment for fraud. In re Mirabal, 23-10862, 2024.....
After a chapter 7 discharge, suing on an unsecured loan agreement that had been dressed up to look like a sale of the debtor’s homestead didn’t let the lender off the hook under Taggart. In a.....
A district court in Minnesota ruled that a debtor is not required to arbitrate when the debtor sues the creditor for violating the automatic stay and discharge injunction. However, the January 13.....