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.
The Eleventh Circuit twisted itself in knots to hold that neither Rooker-Feldman nor issue preclusion prevented the bankruptcy court from disregarding an erroneous state court decision saying that an.....
Alleging that a debtor was a net winner in a Ponzi scheme doesn’t state a claim for nondischargeability, even when the debtor has realized an “impossibly high” profit of $93,000 on an investment of $2.....
The Supreme Court’s decisions in Bullard and Ritzen didn’t undercut the Third Circuit’s longstanding “pragmatic approach” to judging finality in bankruptcy cases, nor did they undermine In re Brown, 9.....
When one defendant among many is in bankruptcy, an order dismissing the complaint as to all of the other defendants isn’t final and isn’t appealable.
However, a December 8 opinion from the Sixth.....
Directing a vulgar insult at a debtor is no violation of the automatic stay. Indeed, basing a contempt motion on a text message to a debtor that said, “You’re such a piece of s—t,” “has absolutely no.....
The Sixth Circuit has effectively immunized the U.S. Trustee from paying a debtor’s attorneys’ fees under the Equal Access to Justice Act (EAJA) when the U.S. Trustee is the loser in a contested.....
Reversing the Bankruptcy Appellate Panel, the Ninth Circuit evidently held that a claim will be allowed if the creditor supplies all of the information required by Bankruptcy Rule 3001(c), even when.....
An option to purchase real property is not an executory contract that a chapter 11 debtor can reject, according to Bankruptcy Judge Robyn L. Moberly of Indianapolis.
Prof. Jay L. Westbrook of the.....
Narrowly interpreting Rooker-Feldman in light of more recent authority, a district judge in Tampa, Fla., held that the doctrine did not apply to someone who was not a party to the suit in state court.....
A lender and its lawyer were sanctioned under Bankruptcy Rule 9011 for filing a dischargeability complaint against a consumer based only on the allegation that it must have been fraud because the.....