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.
On the very same day, the Fifth Circuit and Bankruptcy Judge Keith L. Phillips of Richmond, Va., wrote opinions describing the limited circumstances under which a chapter 7 debtor may object to the.....
The Third Circuit pronounced an expansive view of “related to” jurisdiction by allowing chapter 13 debtors to mount a lawsuit in bankruptcy court against a contractor for breach of a contract that.....
Over a dissent, the majority on a Ninth Circuit panel affirmed the Bankruptcy Appellate Panel by holding that a debtor retains an “absolute right” to dismiss a chapter 13 case under Section 1307(b).....
Bankruptcy Judge Christopher J. Panos of Boston joined the majority of courts by holding that a Subchapter V plan may affect a mortgage even when the debtor was not a maker of the mortgage and is not.....
A chapter 13 debtor has an unfettered right to dismiss under Section 1307(b) if the case has not previously been “converted” to chapter 13 under Section 706.
To protect a debtor’s right to dismiss, the.....
The Ninth Circuit bent over backwards to hold that sovereign immunity protects a state from the imposition of compensatory and punitive damages for filing an involuntary bankruptcy petition that was.....
A chapter 13 debtor may strip off an underwater, subordinate lien on a homestead, even if the lien came into existence before the debtor owned the property, according to a decision by Bankruptcy Judge.....
If a chapter 13 debtor unintentionally fails to disclose an asset, the debtor keeps the asset if it was discovered after discharge and the completion of plan payments, according to Bankruptcy Judge.....
In a chapter 13 case, the local rules barred chapter 13 debtors’ plans from revesting estate property in the debtor until final decree. The bankruptcy court refused to confirm a plan with a provision.....
The Second Circuit held that denial of an individual chapter 7 debtor’s motion to dismiss the petition is not a final order and is not subject to appeal.
True, in ordinary civil litigation, the denial.....