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.
Simply filing a motion to extend the deadline for objecting to discharge or dischargeability does not extend the deadline indefinitely, according to District Judge Fred Biery of San Antonio, who.....
Even though measured by the expenses incurred by the state disciplinary authorities, a district judge in Wisconsin sided with the Ninth Circuit and held that costs assessed against the lawyer were not.....
The Eleventh Circuit ruled that the debtor’s discharge barred the holder of a nondischargeable debt from suing the debtor for fraudulently transferring estate property, even though the trustee had.....
A district court decision upholding Chief Bankruptcy Judge Dale L. Somers has two important holdings regarding the dischargeability of student loans: (1) Disposable income insufficient even to pay.....
In 1987 when it handed down Brunner v. N.Y. State Higher Educ. Servs. Corp. (In re Brunner), 831 F.2d 395 (2d Cir. 1987), the Second Circuit claims to have anticipated legislative intent 10 years.....
Bankruptcy Judge Timothy A. Barnes of Chicago displayed tools a judge can use to help a debtor who may have had a meritorious defense but could not afford to defend a dischargeability suit.
The.....
The Ninth Circuit Bankruptcy Appellate Panel explored what it called “the fringes of the bankruptcy discharge injunction” and the meaning of “personal liability of the debtor” in Section 524(a).
The.....
The Third Circuit’s long-vilified Frenville opinion is experiencing a rebirth in the Sixth Circuit, at least with regard to legal malpractice claims committed against the debtor. On January 26, the.....
Eventually, the Supreme Court will decide whether debtors can be compelled to arbitrate core and non-core disputes with creditors. For now, at least, courts in the Ninth Circuit are giving short.....
Bankruptcy Judge Roberta A. Colton of Tampa, Fla., socked a law firm with $10,500 in sanctions for violating the discharge injunction.
The lesson to be learned: When confronted with a discharge.....