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.
Despite the anti-ipso facto clause in the Bankruptcy Code, a properly drafted flip clause can be enforceable when terminating a swap agreement even after bankruptcy, according to an opinion by.....
In managing a large, complex litigation with a $1.5 billion price tag, the bankruptcy court can hold off six years before serving the summons and complaint on 500 defendants without infringing their.....
The Bankruptcy Code is a hash when it comes to saying how or whether a chapter 13 debtor must obtain court approval for incurring new debt — for instance, to purchase a car after confirmation.
Sometime around midyear, the Seventh Circuit will rule in Owens v. LVNV Funding LLC, possibly setting up a conflict of circuits, thereby allowing the Supreme Court to decide whether filing a proof of.....