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.
Joining what she called the “vast majority of courts,” Bankruptcy Judge Rachel M. Blise of Milwaukee decided that an inheritance received more than 180 days after filing becomes part of the chapter 13.....
Employing strategies for several years to avoid paying income taxes can make the debts nondischargeable under Section 523(a)(1)(C), even for taxes due more than three years before bankruptcy.
Bankruptc.....
Under any of the three tests, allegations of domestic abuse are “personal injury tort claims” under Section 157(b)(5), according to the Eighth Circuit Bankruptcy Appellate Panel.
Of greater.....
Affirming the Bankruptcy Appellate Panel, the Ninth Circuit explained why the costs of an attorney’s disciplinary proceeding are not dischargeable in California. Paradoxically, similar costs from.....
If a chapter 13 debtor dies before confirmation, it stands to reason that the case should be dismissed because the debtor can’t file a plan, has no regular income and can’t be examined by creditors.
Th.....
In Tyler v. Hennepin County, 598 U.S. 631 (2023), the Supreme Court held that a real estate tax foreclosure can violate the Takings Clause of the Fifth Amendment when a municipality takes title but.....
The automatic stay did not protect an individual debtor from the creditor’s collection of a $20,000 award of liquidated damages for the debtor’s violation of a prepetition state court injunction, nor.....
Chapter 13 debtors often live hand to mouth for the duration of their plans. Any bump in the road can bust the plan.
In a recent case, Bankruptcy Judge Rebecca B. Connelly of Harrisonburg, Va.....
When fraud results in the loss of discharge, it doesn’t necessarily also limit the amount of a state homestead exemption under Section 522(q)(1)(B)(ii), as shown by an opinion from the Ninth Circuit.....
Affirming the bankruptcy court, a district judge in Brooklyn identified a loophole allowing chapter 13 debtors in some states to assert a homestead exemption without having the exemption prevent the.....