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.
Legitimate bankruptcy planning does not include electing to roll over $41,000 in tax refunds to a tax year after filing. Bankruptcy Judge Thomas J. Tucker denied a couple’s discharges under Section.....
Based on the “natural breadth of the passive voice” used in Section 523(a)(2)(A), the Supreme Court held yesterday in a unanimous opinion by Justice Amy Coney Barrett that a partner who herself was.....
The settlement of a lawsuit where the debtor does not expressly admit liability may nevertheless result in automatic nondischargeability under Section 523(a)(19) if the complaint was properly drafted.....
A civil judgment for malicious prosecution under Florida law can give rise to a nondischargeable debt in chapter 13 under Section 1328(a)(4).
In her January 11 opinion, Bankruptcy Judge Elizabeth L.....
If legal or factual disputes must be resolved before deciding whether a private student loan was excepted from discharge under Section 523(a)(8)(A)(i), there is no violation of the Fair Credit.....
Filing a complaint before the deadline is critically important and should be undertaken only by an expert — that is to say, by a paralegal who does it every day.
An amateur, like a lawyer, should not.....
Hearing argument on December 6, the Supreme Court will decide in Bartenwerfer v. Buckley whether a debtor is saddled with a nondischargeable debt for a false representation or actual fraud under.....
District Judge Brett H. Ludwig of Milwaukee stepped into the middle of a split by holding that an individual debtor’s prior bankruptcy did not discharge liability on a personal guarantee for debts.....
Concluding that recent Ninth Circuit authority gives the debtor an absolute right to dismiss a chapter 13 case, the Bankruptcy Appellate Panel for the Ninth Circuit held “that ineligibility to be a.....
The assignment of a claim confers the right to assert the nondischargeability of the claim, according to Bankruptcy Judge Robert E. Grossman of Central Islip, N.Y., who adopted the position of the.....