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.
When the Barton doctrine did not apply, the Eleventh Circuit achieved the same result by employing judicial immunity to insulate a bankruptcy trustee who made a mistake by seizing property belonging.....
On the same day, the Ninth Circuit Bankruptcy Appellate Panel issued two opinions in the same case laying down important rules for involuntary petitions:
(1) Fully secured creditors with nonrecourse.....
Equitable tolling can permit a trustee to maintain a fraudulent transfer action when statutes of limitations expired under both state and federal law, as explained in an October 16 opinion by.....
Bankruptcy Judge Christopher J. Panos of Boston joined the majority of courts by holding that a Subchapter V plan may affect a mortgage even when the debtor was not a maker of the mortgage and is not.....
The Ninth Circuit bent over backwards to hold that sovereign immunity protects a state from the imposition of compensatory and punitive damages for filing an involuntary bankruptcy petition that was.....
The Second Circuit held that denial of an individual chapter 7 debtor’s motion to dismiss the petition is not a final order and is not subject to appeal.
True, in ordinary civil litigation, the denial.....
At the end of the term, the Supreme Court decided a nonbankruptcy case that puts to rest several bankruptcy questions arising in the wake of Northern Pipeline, Granfinanciera and Stern v. Marshall.
In.....
On an issue of first impression, the First Circuit has held that a bankruptcy court need not retain jurisdiction to entertain an alleged debtor’s post-dismissal request for attorneys’ fees under.....
Over a dissent, the majority on a Fourth Circuit panel laid down a bright-line rule in holding that “Section 327(a) does not authorize former trustees, following conversion, to file an after-the-fact.....
In Tyler v. Hennepin County, 598 U.S. 631 (2023), the Supreme Court decided in May 2023 that a real estate tax foreclosure can violate the Takings Clause of the Fifth Amendment when a municipality.....