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.
Taking sides with the dissenter and disagreeing with the Second Circuit’s majority opinion on August 2, Bankruptcy Judge Eduardo Rodriguez from the Southern District of Texas held that a debtor can.....
Taking sides with the Ninth Circuit Bankruptcy Appellate Panel and splitting with the First Circuit, Bankruptcy Judge Andrew B. Altenburg, Jr., of Camden, N.J., gave the post-petition appreciation in.....
Affirming the district court and Bankruptcy Judge William R. Sawyer of Montgomery, Ala., the Eleventh Circuit narrowed the circuit’s own precedent that seemed to make pawnbrokers immune from.....
On a question where the courts are split, Bankruptcy Judge Beth E. Hanan of Milwaukee extrapolated from Seventh Circuit authority to hold that a discharge terminates liability that arises after filing.....
Concluding that Law v. Siegel, 571 U.S. 415 (2014), implicitly overruled its own precedent, the Ninth Circuit held on September 1 that a bankruptcy court must dismiss a chapter 13 case on motion by.....
A district judge in Chicago lamented how the Supreme Court and the Seventh Circuit have curtailed the ability of federal courts to enforce some consumer protection laws.
A discharged bankrupt filed a.....
The Middle District of Florida is on a roll. For the third day in a row, we are reporting on decisions from Orlando and Jacksonville.
Today, we report how Bankruptcy Judge Jerry A. Funk of Jacksonville.....
A bankruptcy judge once said, “It’s an unwritten rule in this district that every chapter 13 debtor must total at least one car during the pendency of his or her case.”
Here’s the question: Who gets.....
Over a dissent, the Sixth Circuit held that a debt collector’s failure to identify itself accurately does not give the creditor constitutional standing to file suit for violation of the federal Fair.....
The First Circuit expanded the boundaries of constitutional mootness in a chapter 13 case, and perhaps also in chapter 11.
Even if the bankruptcy court had incorrectly directed the chapter 13 trustee.....