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.
For every rule, there’s an exception.
On January 30, we reported the Paris decision by Bankruptcy Judge David D. Cleary of Chicago, which could be read (improperly) to mean that a division of marital.....
Bankruptcy is no get-out-of-jail-free card for someone who has disobeyed matrimonial court orders, as shown in an opinion by Bankruptcy Judge David D. Cleary of Chicago.
The January 19 decision by.....
An opinion from the Ninth Circuit affirming the Bankruptcy Appellate Panel suggests that the California legislature might consider modifying the state’s homestead exemption to protect people in.....
Being a beneficiary of a decedent’s estate didn’t entitle the chapter 13 debtor to cure defaults on the mortgage on his deceased parents’ home. Nor did the debtor’s equitable interest in the property.....
Filing a divorce action creates a vested but inchoate property interest in Colorado that could increase the value of the bankruptcy estate of a divorcing spouse. Dismissal of the divorce proceeding.....
A final decree of divorce containing a division of marital property does not create a debtor/creditor relationship between the former spouses, according to an October 27 opinion by Bankruptcy Judge.....
Other than a judicial lien securing a domestic support obligation, a debtor may avoid a lien that impairs an exemption under Section 522(f), even if the lien secures a nondischargeable debt, according.....
Putting a child through college — even at a rock-bottom tuition — can make someone ineligible for chapter 7 and simultaneously incapable of funding a chapter 13 plan, as demonstrated in an opinion by.....
“The accepted procedure for allowing state courts to divide marital property when one spouse files bankruptcy is to modify the automatic stay and abstain from adjudicating the property settlement,”.....
A decision from the Ninth Circuit Bankruptcy Appellate Panel underscores the need for updating common and statutory law to deal with breakups in the “modern family” and concerns for spousal abuse.
Alth.....