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.
Direct Mortgage Payments Are Not Provided For in a Plan, Eleventh Circuit Holds
For the first time among the courts of appeals, two judges on an Eleventh Circuit panel held that direct payments by a.....
Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says
The advice of counsel defense only applies in discharge litigation if the debtor receives advice before taking action.....
Courts Split on Arbitrating Dischargeability of Student Loans
Unless the circuit courts are unanimous, the Supreme Court ultimately will decide whether individual debtors can be forced to arbitrate.....
Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments
Building on Law versus Siegel, a district judge in Kansas upheld Bankruptcy Judge Robert E. Nugent and ruled that the.....
Circuits Split on Trustee’s Ability to Extend the Dischargeability Deadline
On an issue where the circuits are split, Bankruptcy Judge Donald R. Cassling of Chicago ruled that a chapter 7 trustee has.....
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.....