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 Internal Revenue Service cannot be held liable for violating the discharge injunction unless the debtor has exhausted administrative remedies, according to Chief Bankruptcy Judge Cecelia Morris of.....
The Bankruptcy Code and the Internal Revenue Code seem in conflict about the ability of the IRS to offset a tax refund that the debtor claims to be exempt. Resolving a question of first impression.....
Writing about the so-called individual mandate under the Affordable Care Act (a.k.a. ACA or Obamacare) seems like beating a dead horse now that Congress has repealed the penalty for taxpayers who didn.....
Observing that some courts have incorrectly interpreted the Brunner test to impose “punitive standards,” Chief Bankruptcy Judge Cecelia G. Morris of the Southern District of New York allowed a debtor.....
In one of his last rulings before ascending to the district court bench, then-Chief Bankruptcy Judge Frank W. Volk of Charleston, W.Va., navigated between several decisional splits and three statutes.....
In a circuit that permits discharging a portion of student loans, Bankruptcy Judge Peter C. McKittrick of Portland, Ore., discharged part of a debtor’s student loan debt, “which she has no hope of.....
The Seventh Circuit slammed the door on another theory used by bankrupt citizens of Chicago to avoid paying traffic tickets and parking fines incurred while in chapter 13.
In March, the Chicago-based.....
Upholding Bankruptcy Judge Gregory T. Taddonio, a district judge in Pittsburgh held that stripping off a state’s tax lien is an in rem proceeding in which the state has no Eleventh Amendment sovereign.....
There are two and perhaps three tests among the circuit courts for deciding when the repayment of a student loan amounts to an “undue hardship,” enabling the court to discharge the debt under Section.....
Fifth Circuit Makes Student Loans Even More Difficult to Discharge
In the Fifth Circuit, student loans are arguably more difficult to discharge than elsewhere. The New Orleans based appeals raised the.....