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.
In a per curiam opinion on February 24, the Supreme Court effectively banned nunc pro tunc orders, which bankruptcy courts often use to make retention orders effective when the application or petition.....
In the Ninth Circuit, forgetting to raise discharge as a defense in state court isn’t fatal. At least if the creditor later asks the bankruptcy court to rule on whether the debt was discharged, the.....
On an issue where the lower courts are split, the Sixth Circuit Bankruptcy Appellate Panel held that a pre-petition personal guaranty is a contingent debt that is discharged, even as to post-petition.....
In chapter 13, creditors – not just the debtor – may sometimes lose out if the debtor had concealed the existence of a personal injury claim and the defendant invokes judicial estoppel to bar.....
A bankruptcy court order awarding damages for willful violation of the automatic stay is a final order that must be appealed immediately, even if the court hasn’t yet ruled on how much the debtor is.....
Circuit decisions are rare where the concurrence is more significant than the panel opinion. In a bankruptcy that has already generated gobs of law at all levels, Sixth Circuit Judge Jeffrey S. Sutton.....
Bankruptcy Judge John E. Waites, sitting in Columbia, S.C., refused to compel arbitration of “core” bankruptcy issues. Not surprising.
In a case involving a consumer, he also decided that.....
A lawyer who allegedly helped judgment debtors hide their assets in his trust account got off scot-free under New York fraudulent transfer law combined with ethical rules governing a lawyer’s conduct.....
The Bankruptcy Appellate Panel for the First Circuit used a case involving the split of authority over Section 1322(c)(1) to opine on the binding effect of a BAP opinion on a later BAP panel in the.....
On a question where the lower courts are split, Bankruptcy Judge A. Benjamin Goldgar of Chicago took sides with the minority by holding that violating a PACA trust does not give rise to denial of.....