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.
Based on the broad definition given the word “claim,” a creditor has standing to bring a nondischargeability suit against an individual debtor for embezzlement when the debtor didn’t embezzle from the.....
A chapter 7 debtor kept a chose in action that arose from the dead after filing, for reasons explained by Bankruptcy Judge Alan S. Trust of Central Islip, N.Y.
The debtor filed a chapter 7 petition in.....
If a chapter 13 debtor unintentionally fails to disclose an asset, the debtor keeps the asset if it was discovered after discharge and the completion of plan payments, according to Bankruptcy Judge.....
The commission of a serious crime doesn’t necessarily give rise to a nondischargeable debt, as Bankruptcy Judge Robert L. Jones of Lubbock, Texas, explained in an opinion on July 7. The opinion shows.....
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.....
Malicious Theft of Trade Secrets Doesn’t Result in Nondischargeability, Circuit Says
Even though the actions were willful and malicious, a judgment for misappropriation of trade secrets under the.....
Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal
In the first-ever appeal from the first decision on the question, a district judge in Florida upheld Bankruptcy Judge John K.....