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.
In Tyler v. Hennepin County, 598 U.S. 631 (2023), the Supreme Court decided in May 2023 that a real estate tax foreclosure can violate the Takings Clause of the Fifth Amendment when a municipality.....
A decision from the Ninth Circuit Bankruptcy Appellate Panel is emblematic of courts inveighing against Kelly v. Robinson, 479 U.S. 36 (1986), where the Supreme Court held that criminal restitution is.....
Refusing to dismiss the chapter 7 petition by an individual who owned corporations that sold marijuana at retail, Bankruptcy Judge Dennis Montali of San Francisco said that the U.S. Trustee Program.....
The Ninth Circuit tells us that a claim of a debtor belongs to the estate if the claim is based on a course of conduct that began before bankruptcy and continues after filing. The debtor isn’t even.....
One day apart, bankruptcy judges in the Ninth Circuit disagreed on the availability of emotional distress damages to remedy violations of the discharge injunction in Section 524.
Relying on authorities.....
On two important questions, the Third Circuit handed down a decision on modification of chapter 13 plans that should apply equally to modified chapter 11 plans:
1. When the debtor moves to modify a.....
In chapter 7, the retainer that an individual debtor pays to his or her lawyer likely will not require the lawyer to defend adversary proceedings, such as those attacking the dischargeability of a.....
Not all student loans are automatically nondischargeable under Section 523(a)(8), according to the Ninth Circuit Bankruptcy Appellate Panel.
If a student loan wasn’t automatically discharged, the BAP’s.....
A troubling decision from a district court in New Jersey seems to have disregarded the power of a bankruptcy court under Section 329 to rule on the adequacy of disclosures and the amount of.....
When debt in an “asset” case is not discharged because the creditor didn’t receive notice of the bankruptcy, the Ninth Circuit tells us that the entire debt was not discharged, not just the portion.....