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.
Bankruptcy Appellate Panel Decision Previews Issues Confronting the Supreme Court in Ritzen
The Supreme Court will hear oral argument on November 13 in a case that will give further definition to what.....
Unlike mortgage foreclosures, which can be immune from attack in bankruptcy court, a tax foreclosure in New Jersey may be set aside as a preference because the process does not entail a public auction.....
Generally, a default judgment is not grounds for invoking collateral estoppel because the underlying issue was not actually litigated, the Second Circuit said.
However, the Manhattan-based appeals.....
On an issue where the courts are divided, Bankruptcy Judge Ann M. Nevins of New Haven, Conn., ruled that personal liability on a secured debt that was eliminated in a prior chapter 7 discharge is not.....
Ninth Circuit BAP Squarely Upholds Chapter 20: No Lien and No Claim Survive
At least when the debtor is eligible for a discharge in chapter 13, the Ninth Circuit Bankruptcy Appellate Panel squarely.....
Is a debtor entitled to a homestead exemption if the house is located on agricultural land where state law prohibits having a residence?
According to the Eleventh Circuit, the debtor is nonetheless.....
The Fourth Circuit widened an existing split of circuits by holding that the doctrine of judicial estoppel does not include a presumption of bad faith. In the same opinion, the appeals court said that.....
At least when the debtor is eligible for a discharge in chapter 13, the Ninth Circuit Bankruptcy Appellate Panel squarely holds that a debtor may employ so-called chapter 20 to strip off an underwater.....
Most of us would assume that a home owned by a married couple as tenants by the entireties would be exempt in all respects in all states. But no, that is not true in Illinois and states with similar.....
Overpaying a D S O Doesn’t Result in a Nondischargeable Debt, Seventh Circuit Holds
The Seventh Circuit narrowly interpreted domestic support obligation in direct appeals from rulings by two.....