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.
Even if the trustee blows the two-year statute of limitations for bringing an avoidance action to invalidate an unperfected lien, the trustee is not time-barred from objecting to the secured status of.....
Hard cases make bad law, but Bankruptcy Judge Elizabeth E. Brown of Denver took a hard case to make good law. Although the debtor was not a sympathetic character, Judge Brown reached a result implied.....
The Supreme Court has postponed oral argument in City of Chicago v. Fulton until the new term to begin in October 2020.
In Fulton, the justices will resolve a split of circuits regarding the automatic.....
The Bankruptcy Appellate Panel for the Ninth Circuit held in substance that a bankruptcy court cannot decline to rule on a request for a comfort order and must tell a creditor whether its contemplated.....
In Taggart, the Supreme Court raised the bar on holding a creditor in contempt for violating the automatic stay. Some might say that the high court defanged the discharge. See Taggart v. Lorenzen, 139.....
Here’s a cautionary tale from the liquidation of the Bernard Madoff Ponzi scheme: For having lost a discovery motion, Bankruptcy Judge Stuart M. Bernstein of Manhattan directed the lawyer to pay the.....
Last year, the Supreme Court ruled unanimously in Taggart that the bankruptcy court “may impose civil contempt sanctions when there is no objectively reasonable basis for concluding that the creditor.....
Even if the bankruptcy court’s order was final and appealable, the order of the district court deciding an appeal isn’t necessarily a final order conferring the right of appeal to the court of appeals.....
Because the Supreme Court has erected a higher standard for violations of the discharge injunction, the bankruptcy court was unable to find a mortgage servicer in contempt after discharge, although.....
Like the Bankruptcy Appellate Panel, the Ninth Circuit declined to write a precedential opinion announcing whether an individual’s chapter 11 plan may permissibly preclude enforcement of a.....