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.
On an issue where there is little authority and the lower courts are split, Bankruptcy Judge Beth E. Hanan of Milwaukee decided that a debtor who had amended a plan to increase the duration beyond 60.....
Ruling on a question of first impression, the Ninth Circuit Bankruptcy Appellate Panel held that a debtor who claims an exemption equal to “100% fair market value” is entitled to retain postpetition.....
Drawing on Harris v. Viegelahn, Bankruptcy Judge LaShonda L. Hunt of Chicago held that a chapter 13 debtor’s attorney cannot be paid allowed compensation from funds in the hands of the chapter 13.....
Surveying recent authorities from around the nation, Bankruptcy Judge Mary Jo Heston of Tacoma, Wash., laid out the factors that control categorizing a lien as judicial or statutory.
The distinction.....
District Judge Brett H. Ludwig of Milwaukee stepped into the middle of a split by holding that an individual debtor’s prior bankruptcy did not discharge liability on a personal guarantee for debts.....
Writing an opinion that reads like a law review article, Bankruptcy Judge Michelle V. Larson of Dallas decided that the so-called economic unit approach is the best method for deciding the size of a.....
Concluding that recent Ninth Circuit authority gives the debtor an absolute right to dismiss a chapter 13 case, the Bankruptcy Appellate Panel for the Ninth Circuit held “that ineligibility to be a.....
The circuits are split 4/3 on the question of whether a real estate tax foreclosure can be attacked as a fraudulent transfer.
If the Sixth Circuit was correct in holding in an October 13 opinion that a.....
The assignment of a claim confers the right to assert the nondischargeability of the claim, according to Bankruptcy Judge Robert E. Grossman of Central Islip, N.Y., who adopted the position of the.....
Welcome to a law student’s nightmare: the convergence of property law and bankruptcy.
If a debtor owns property as a joint tenant with right of survivorship, the trustee can’t sell the property if the.....