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.
Earmarking Seems to Be a Dead Letter in the Tenth Circuit
The Tenth Circuit Bankruptcy Appellate Panel wrote an intriguing opinion finding that a triangular transaction was a preference. Without.....
Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes
The Fifth Circuit wrote a primer on pleading standards for claims of fraudulent transfer, preference, equitable.....
Supreme Court Rejects Strict Liability for Discharge Violations
Today, the Supreme Court rejected a strict liability standard for the imposition of contempt for violating the discharge injunction.....
F D C P A Plaintiffs Aren’t Required to Plead the Debt Collector’s Knowledge of Bankruptcy
A debt collector who sends a collection letter is not required to know there is a bankruptcy to violate the.....
Sitting en banc, the Fourth Circuit voted 11-3 to overrule its own precedent and held that Section 1322(c)(2) permits a debtor to strip down a claim on a home mortgage that matures before the last.....
Sixth Circuit Muses on Whether Prudential Standing Applies in Bankruptcy
Upholding dismissal of an appeal, the Sixth Circuit posed a plethora of questions about standing that would be worthy of.....
Reconstructed Time Records Are Ok in a POC for Pre-Filing Attorneys’ Fees
Reconstructed time records do not result automatically in the reduction or disallowance of a mortgage lender’s claim for.....
Earmarking Only Applies When a Debtor Receives a Loan from a Third Party
Success in bankruptcy is like success as a stand up comedian: It’s all in the timing. In a case before Chief Bankruptcy Judge.....
Supreme Court Agrees to Rule on What Is or Is Not a Final, Appealable Order
In addition to ruling on the effect of rejecting a trademark license, the Supreme Court yesterday agreed to review one.....
Did Segal Survive Butner in Defining Property of the Estate?
Following the Fifth and Seventh Circuits, Bankruptcy Judge Thomas L Perkins of Peoria, Illinois, joined those courts believing that Segal.....