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.
If the law changes, neither judicial estoppel nor law-of-the-case prevents the debtor from objecting to the classification of a claim that was treated as having priority in a confirmed chapter 13 plan.....
The Fourth Circuit all but gave the federal government a free pass for violating the automatic stay by effecting a setoff without having first obtained a modification of the automatic stay.
The.....
A district court decision upholding Chief Bankruptcy Judge Dale L. Somers has two important holdings regarding the dischargeability of student loans: (1) Disposable income insufficient even to pay.....
In 1987 when it handed down Brunner v. N.Y. State Higher Educ. Servs. Corp. (In re Brunner), 831 F.2d 395 (2d Cir. 1987), the Second Circuit claims to have anticipated legislative intent 10 years.....
Auto owners in Chicago sustained a defeat when the Supreme Court held on January 14 that refusing to turn over an impounded car does not violate the automatic stay in Section 362(a)(3). Consequently.....
Reversing the Seventh Circuit and resolving a split among the circuits, the Supreme Court ruled unanimously today “that mere retention of property does not violate the [automatic stay in] section 362.....
Although neither owned nor controlled by the government, a federal credit union is a “governmental unit” entitled to additional time for filing a proof of claim, according to Bankruptcy Judge Robert H.....
If it’s a fraudulent transfer when insolvent parents pay tuition for their adult children, shouldn’t the insolvent parents be entitled to avoid loans they took out for their children as fraudulent.....
By anticipating amendments to Bankruptcy Rule 3007, the bankruptcy and district courts committed error by ruling that an objection to a claim by the Internal Revenue Service must have been served on.....
The Seventh Circuit, per Circuit Judge Frank Easterbrook, has issued the third in a series of opinions emphatically requiring bankruptcy courts to make case-specific findings of fact when a chapter 13.....