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.
The debate continues on the right of a chapter 13 debtor to a discharge after missing direct payments to a home mortgage lender.
Bankruptcy Judge Susan D. Barrett of Augusta, Georgia, joined the.....
Proceedings for contempt of the discharge injunction were not within the scope of an arbitration agreement, according to bankruptcy and district judges in Tampa, Florida.
A chapter 7 debtor scheduled.....
Generally, a default judgment is not grounds for invoking collateral estoppel because the underlying issue was not actually litigated, the Second Circuit said.
However, the Manhattan-based appeals.....
According to the Eleventh Circuit, an information statement sent by a secured lender regarding a debtor’s discharged personal liability on a mortgage does not violate the discharge injunction in.....
Without citing the Taggart decision by the Supreme Court in June, the Seventh Circuit reversed the lower courts and held a creditor in contempt of the discharge injunction.
In Taggart v. Lorenzen, 139.....
Two decisions handed down on successive days under Illinois law explain when a default judgment will or will not result in a nondischargeable debt as a result of issue preclusion, or collateral.....
There are two and perhaps three tests among the circuit courts for deciding when the repayment of a student loan amounts to an “undue hardship,” enabling the court to discharge the debt under Section.....
Fifth Circuit Makes Student Loans Even More Difficult to Discharge
In the Fifth Circuit, student loans are arguably more difficult to discharge than elsewhere. The New Orleans based appeals raised the.....
A ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart
A case from Alabama demonstrates how the Supreme Court’s decision this term in Taggart versus Lorenzen means that a.....
In the More Lenient Eighth Circuit, Debtors Knock Off 130,000 Dollars in Student Loans
A family with 33,600 dollars in annual take-home pay was able to discharge all but 23,900 dollars of 154,000.....