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.
Agreeing with a nonprecedential opinion from the Fifth Circuit and the majority on a recent decision from the Sixth Circuit Bankruptcy Appellate Panel, the Third Circuit held that the “penalty”.....
Deepening a split of circuits, the First Circuit held over a lengthy dissent that the Bankruptcy Code waived sovereign immunity as to tribes of Native Americans.
The majority’s May 6 opinion by Circuit.....
The lien on an impounded car in Chicago is a judicial lien that a debtor may avoid as an impairment of an exemption under Section 522(f), according to the Seventh Circuit.
In ruling on April 21 that.....
Siding with the Fifth Circuit, a majority on a Sixth Circuit Bankruptcy Appellate Panel reversed the bankruptcy court by holding that the “penalty” imposed on a taxpayer for failure to purchase health.....
Bankruptcy Judge Mitchell L. Herren was put in the unfortunate and untenable position of having to decide how parents should spend their limited income on their children’s education and upbringing. He.....
A trustee can avoid a lien for a tax penalty. It stands to reason, does it not, that a debtor can avoid the same lien but preserve the lien for the debtor’s benefit, to the extent the lien impairs the.....
Discharging $100,000 in student loans owed by an epileptic debtor who was almost unemployable, Bankruptcy Judge Laurie Selber Silverstein of Delaware wrote a 29-page opinion where she disagreed with.....
The Eleventh Circuit held that Section 505(a)(2)(C), added by the 2005 BAPCPA amendments, did not have improper retroactive effect. The section bars bankruptcy courts from determining the amount of.....
If you want a good cry, read the latest installment in the eight-year saga by a single mother of two teenage children with $112,000 in student loans. She was morbidly obese, suffered from diabetes.....
Chief Bankruptcy Judge Cecelia G. Morris of the Southern District of New York wrote an opinion in January 2020 where she said that some courts have incorrectly interpreted the Brunner test to impose.....