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.
Gift cards purchased before bankruptcy won’t qualify for an exemption beyond whatever cash the debtor could exempt, according to Chief Bankruptcy Judge Dale L. Somers of Topeka, Kan.
The husband and.....
District Court Limits Bankruptcy Judges’ Ability to Enact Local Rules
A district court in Illinois limited the ability of bankruptcy judges to adopt local rules adding more requirements for confirming.....
Divorcing While Bankrupt Lays Traps for the Unwary
When divorce coincides with bankruptcy, the debtor’s matrimonial lawyer should take counsel from a bankruptcy expert to avoid the kind of mistakes.....
Tuition Payments for Adult Children Squarely Held to Be Constructively Fraudulent
On an issue dividing the lower courts, Bankruptcy Judge Martin Glenn of New York squarely held that educational.....
First Circuit Terminates the Stay Entirely as to Repeat Filers
On an issue long dividing the lower courts, the First Circuit became the first court of appeals to decide whether the automatic.....
Direct Mortgage Payments Are Not Provided For in a Plan, Eleventh Circuit Holds
For the first time among the courts of appeals, two judges on an Eleventh Circuit panel held that direct payments by a.....
Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says
The advice of counsel defense only applies in discharge litigation if the debtor receives advice before taking action.....
As an Exempt Asset, a Dog’s Value Is Priceless, Judge Collins Says
Although a dog may be the Debtor’s priceless, faithful and loved companion, the dog is nonetheless property in the eyes of the.....
Unprotected Sex Results in a 250,000 dollar Nondischargeable Debt
Having unprotected sex when you know you have herpes can result in a nondischargeable debt of almost 250,000 dollars.
Two single.....
Tuition Payments by Insolvent Parents Likely Constitute Fraudulent Transfers
Bankruptcy trustees in some parts of the country are filing fraudulent transfer suits to recover tuition payments that.....