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.
Splitting with the Third and Seventh Circuits, the Tenth Circuit held that a chapter 13 debtor cannot cure a post-confirmation default on a mortgage after the five-year plan has expired. In other.....
Making an Erie guess about how the Florida Supreme Court would rule on collateral estoppel, the Eleventh Circuit held that a general default judgment won’t make a debt nondischargeable under Section.....
Employing emphatic language, the Second Circuit joined two other circuits by holding that all student loans are not excepted from discharge simply because they are student loans.
Technically speaking.....
Respectfully, something is wrong with a law that won’t allow a 68-year-old woman to discharge all of her student loans quickly and easily when her $43,000 annual income won’t cover her basic living.....
An award of treble damages in arbitration for a willful violation of state law doesn’t mean that the debt is automatically excepted from discharge under Section 523(a)(2)(A), for reasons explained by.....
Although she would have reached “a very different conclusion” if a dissent had been governing authority in the Fourth Circuit, Bankruptcy Judge Michelle M. Harner of Baltimore temporarily halted.....
Bankruptcy Judge Elizabeth D. Katz gave some relief to an individual not entitled to discharge student loans.
Under Section 105(a), Judge Katz of Springfield, Mass., discharged whatever would be left.....
Even though burdened with nondischargeable claims, an individual chapter 7 debtor lacks standing as a “party in interest” to object to a proof of claim, even if it’s the largest claim against the.....
For an individual debtor who misbehaves badly, the bankruptcy court may both deny discharge and dismiss immediately thereafter, according to the First Circuit. Consequently, the sanction of denial of.....
A bankruptcy court has subject matter jurisdiction or power to entertain a nationwide class action alleging contempt of the discharge injunction, according to Bankruptcy Judge Elizabeth S. Stong of.....