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.
Putting a child through college — even at a rock-bottom tuition — can make someone ineligible for chapter 7 and simultaneously incapable of funding a chapter 13 plan, as demonstrated in an opinion by.....
In fixing the value of a debtor’s interest in property held as tenants by the entireties when avoiding a judicial lien as an impairment of an exemption under Section 522(f), the First Circuit held.....
In an opinion allowing the stacking of exemptions, Bankruptcy Judge Cathleen D. Parker allowed the debtor to exempt almost $140,000 in wages.
In her May 23 opinion, Judge Parker explained why the.....
The chapter 7 discharge of someone’s personal liability on a mortgage does not start the clock ticking on the statute of limitations governing the time within which a lender must commence foreclosure.....
The First Circuit wrote a 47-page dissertation on the invocation of judicial estoppel in bankruptcy cases. Basically, the principle requires more than a demonstration that the party had advanced legal.....
Answering a question left open by the Tenth Circuit in Rodriguez v. Barrera (In re Barrera), 22 F.4th 1217 (10th Cir. Jan. 19, 2022), Bankruptcy Judge Joseph G. Rosania, Jr., of Denver decided that a.....
The First Circuit Bankruptcy Appellate Panel insinuated that the Department of Education’s so-called borrower defense to the repayment of student loans cannot be raised under Section 523(a)(8) without.....
Deepening a split of circuits, the First Circuit held over a lengthy dissent that the Bankruptcy Code waived sovereign immunity as to tribes of Native Americans.
The majority’s May 6 opinion by Circuit.....
The requirement that courts read statutes literally has resulted in the erosion of the equitable powers of bankruptcy courts. Most notably, the Supreme Court held in Law v. Siegel, 571 U.S. 415 (2014).....
On a question where the lower courts are split, District Judge R. Brooke Jackson of Denver sided with the majority, reversed the bankruptcy court and held that a chapter 13 trustee is not entitled to.....