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.
A nonprecedential opinion from the Eleventh Circuit shows how Taggart v. Lorenzen allows courts to rule on contempt motions without actually deciding whether there was a violation of the discharge.....
In chapter 13, creditors – not just the debtor – may sometimes lose out if the debtor had concealed the existence of a personal injury claim and the defendant invokes judicial estoppel to bar.....
A $300,000 debt for life-saving, emergency medical treatment was not a “consumer” debt because it was not “voluntarily” incurred, according to Bankruptcy Judge C. Kathryn Preston of Columbus, Ohio.
A.....
In substance, the Bankruptcy Appellate Panel for the Eighth Circuit ruled in October 2018 that an individual retirement account or a 401(k) transferred in divorce can never be an exempt asset under.....
In six cases where neither the chapter 13 trustee nor creditors had lodged objections to confirmation of the plans, Bankruptcy Judge Diane Davis of Utica, N.Y., refused to approve four plans because.....
The standards under Taggart limiting the imposition of contempt sanctions for violating the discharge injunction do not apply when the creditor’s violation of the automatic stay continues after.....
Ordinarily, there is a clear winner and a clear loser when a circuit court decides an appeal. In a dischargeability case involving allegedly false representations and pretenses, the First Circuit.....
A relatively puny case from south Texas involving a false notice under Bankruptcy Rule 3002.1 is making important law on the rule and the federal Fair Debt Collection Practices Act, or FDCPA, 15 U.S.C.....
A bankruptcy court order awarding damages for willful violation of the automatic stay is a final order that must be appealed immediately, even if the court hasn’t yet ruled on how much the debtor is.....
Addressing several issues where the courts are deeply split, Bankruptcy Judge Thomas J. Tucker of Detroit concluded that Social Security benefits can be considered in deciding whether a chapter 7.....