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.
Reversing the bankruptcy court, a district judge in South Carolina permitted so-called bifurcated fee arrangements for chapter 7 debtors despite a local rule that could be read to bar them outright.
In.....
Bankruptcy Judge Mitchell L. Herren was put in the unfortunate and untenable position of having to decide how parents should spend their limited income on their children’s education and upbringing. He.....
Reaching an issue the Supreme Court left undecided in Ritzen, the Ninth Circuit held that denial of a stay-relief motion without prejudice can still be a final, appealable order.
The appeals court.....
If an unmarried couple splits up, the partner with assets could file bankruptcy to discharge what would have been a nondischargeable obligation had they been married, as demonstrated by the Seventh.....
In a short sale after they were discharged and the trustee abandoned their home, the debtors were entitled to a mortgage interest deduction they didn’t actually pay in cash, the Ninth Circuit said.....
The fraudulent transfer of a debtor’s home to a revocable trust won’t put the debtor at risk of losing her homestead exemption, at least in Ohio, according to Bankruptcy Judge John P. Gustafson of.....
Having decided that “Chapter 13 has morphed into the pursuit of loss mitigation as its sole purpose in which debtors file cases they never intend to bring to confirmation,” Bankruptcy Judge Robert E.....
Without actual notice, due process won’t allow a trustee to extend the two-year deadline for filing avoidance actions, even when the trustee hasn’t been able to identify the defendants.
In his February.....
A standing chapter 13 trustee in Idaho twice appealed the denial of her fees because the cases were dismissed before plan confirmation. She won both times, once in the Bankruptcy Appellate Panel in.....
Chapter 13 can sometimes protect recipients of preferences, as shown in an opinion by Bankruptcy Judge William A. Altenberger of Peoria, Ill.
The debtor had made $8,000 in payments to family members.....