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.
Earmarking Seems to Be a Dead Letter in the Tenth Circuit
The Tenth Circuit Bankruptcy Appellate Panel wrote an intriguing opinion finding that a triangular transaction was a preference. Without.....
Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes
The Fifth Circuit wrote a primer on pleading standards for claims of fraudulent transfer, preference, equitable.....
Supreme Court Rejects Strict Liability for Discharge Violations
Today, the Supreme Court rejected a strict liability standard for the imposition of contempt for violating the discharge injunction.....
Sixth Circuit Muses on Whether Prudential Standing Applies in Bankruptcy
Upholding dismissal of an appeal, the Sixth Circuit posed a plethora of questions about standing that would be worthy of.....
Reconstructed Time Records Are Ok in a POC for Pre-Filing Attorneys’ Fees
Reconstructed time records do not result automatically in the reduction or disallowance of a mortgage lender’s claim for.....
Supreme Court Agrees to Rule on What Is or Is Not a Final, Appealable Order
In addition to ruling on the effect of rejecting a trademark license, the Supreme Court yesterday agreed to review one.....
Disclosing an Asset in the Wrong Place Won’t Invoke Judicial Estoppel, Circuit Says
If a pro se chapter 7 debtor lists a lawsuit on his schedule of financial affairs, but fails to list the lawsuit.....
Ninth Circuit Uses a Technicality to Keep a Marijuana Case Alive
The Ninth Circuit pushed back against the idea that a chapter 11 plan cannot be confirmed if there is a whiff of marijuana.
Still, the.....
Equity Can’t Alter the Three Petitioning Creditors Requirement, First Circuit Rules
Courts may not disregard the numerosity requirement for an involuntary petition based on special circumstances, even.....
Supreme Court Hears Argument on Good Faith as Defense to Discharge Violation
The Supreme Court heard oral argument yesterday in Taggart versus Lorenzen to decide whether a good faith belief that a.....