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.
Chief Bankruptcy Judge Jason D. Woodward of Aberdeen, Miss., wrote an opinion with an important practice point for lawyers with individual chapter 11 debtors.
To avoid U.S. Trustee fees after.....
On a question where there is precious little authority, Bankruptcy Judge Janet S. Baer of Chicago decided that Bankruptcy Rule 9006(b) and equitable tolling permit an extension of the two-year.....
The Supreme Court granted certiorari to resolve a circuit split on the standard to employ before invoking judicial estoppel when a chapter 13 debtor failed to disclose a personal injury claim.
The date.....
In the Third Circuit, lack of financial distress means dismissal of a corporate chapter 11 petition. See In re LTL Management LLC, 58 F.4th 738, 64 F.4th 84 (3d Cir. Jan. 30, 2023).
For an individual.....
The U.S. Supreme Court held in Ritzen that an order granting or denying relief from the automatic stay is a final, appealable order under 28 U.S.C. § 158(a)(1). Ritzen Group Inc. v. Jackson Masonry.....
Circuit Judge Thomas L. Ambro has written another gem.
For the Third Circuit in an opinion on September 3, Judge Ambro drew the boundaries between the rules of preclusion and the Rooker-Feldman doctrin.....
Aligning itself with the Fifth Circuit plus dicta from the Second Circuit and the Supreme Court, the Eleventh Circuit held in a nonprecedential opinion that a bankruptcy court, and by extension a.....
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.....
The Supreme Court’s Truck Insurance decision upset what we thought we knew about bankruptcy standing. It gives broadly defined parties in interest the right to appear and be heard in chapter 11 cases.....
New York Bankruptcy Judge Martin Glenn required a debtor’s chapter 11 counsel to disgorge a $30,000 post-petition retainer that wasn’t disclosed until a year after it was received, and only then.....