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.
Refusing to dismiss the chapter 7 petition by an individual who owned corporations that sold marijuana at retail, Bankruptcy Judge Dennis Montali of San Francisco said that the U.S. Trustee Program.....
The debt limits for Subchapter V and chapter 13 will expire on June 21, 2024, but a bill to extend the existing caps for two more years is being blocked by one senator.
In April, a bipartisan group of.....
The Ninth Circuit tells us that a claim of a debtor belongs to the estate if the claim is based on a course of conduct that began before bankruptcy and continues after filing. The debtor isn’t even.....
One day apart, bankruptcy judges in the Ninth Circuit disagreed on the availability of emotional distress damages to remedy violations of the discharge injunction in Section 524.
Relying on authorities.....
On two important questions, the Third Circuit handed down a decision on modification of chapter 13 plans that should apply equally to modified chapter 11 plans:
1. When the debtor moves to modify a.....
Over a dissent and in disagreement with the Collier treatise, the Eleventh Circuit created a circuit split by holding that real property with an alternative purpose is subject to the anti-modification.....
An appeal pending in the Seventh Circuit since 2016 may end up in the Supreme Court a year or two from now to resolve a circuit split over whether Section 505(a) grants jurisdiction to the bankruptcy.....
In chapter 7, the retainer that an individual debtor pays to his or her lawyer likely will not require the lawyer to defend adversary proceedings, such as those attacking the dischargeability of a.....
As shown in an opinion by a district judge in Arkansas, the law throughout the country is not uniform when it comes to the ability of a bankruptcy trustee to sell a debtor’s defensive appellate rights.....
In the world of bankruptcy, the validity of the doctrine of equitable mootness is an issue that the Supreme Court has been ducking. On March 19, the Court handed down a non-bankruptcy decision on.....