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.
Eleventh Circuit Joins the Majority Restricting Collection Letters on Time-Barred Debts
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Arizona Judge Grants Discharge Despite Default on Direct Pay Mortgage
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Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims
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Filing Tag-Team Bankruptcies Resulted in Suspension from Practice
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Courts Divided on Venue for Small-Dollar Avoidance Actions
When a trustee pursues an avoidance action for less than 12,850 dollars, is the debtor’s bankruptcy court the proper venue?
The courts are.....
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
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Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal
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Ninth Circuit Lays Down Additional Pleading Requirements for F C R A Complaints
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Deemed Allowed Claims Can Be Binding in Subsequent Litigation, Circuit Says
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Tardy Recordation of a Mortgage Not Salvaged by Relation-Back Arguments
A bankruptcy judge must have a command of the intricacies of state law, as shown in an opinion by Bankruptcy Judge Paul W.....