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.
The Eleventh Circuit narrowly read a Florida fee-shifting statute to bar recovery of attorneys’ fees in an avoidance action unsuccessfully brought by a debtor incorporating state fraudulent transfer.....
“The accepted procedure for allowing state courts to divide marital property when one spouse files bankruptcy is to modify the automatic stay and abstain from adjudicating the property settlement,”.....
Although the lower courts are split, the Fourth Circuit became the first court of appeals to rule that the Bankruptcy Code does not preempt claims under state law for violation of the discharge.....
The government won the IRS Open three sets to love, when the Sixth Circuit sided with the Third and Fourth Circuits by holding that the “penalty” imposed on a taxpayer for failure to purchase health.....
The extended bar date for governmental claims applies if a governmental unit is the holder of the claim, even if a nongovernmental entity is the servicer of the claim, the Fifth Circuit says.
A couple.....
Personal property is not exempt even if it was purchased with Social Security benefits that were exempt, according to an opinion by Chief District Judge J. Randall Hall of August, Ga., affirming.....
Holding that a bankruptcy court may not enforce a discharge order entered in another district, the Second Circuit nixed the idea of a nationwide class action alleging contempt of the discharge.....
Splitting with the Tenth Circuit, a divided panel on the Ninth Circuit held that the post-petition appreciation in the value of a home belongs to creditors when a chapter 13 debtor converts the case.....
As long as the chapter 13 debtor completes payments under the plan as originally confirmed, Bankruptcy Judge Henry A. Callaway of Mobile, Ala., is allowing the debtor to keep any recovery resulting.....
Building on the Supreme Court’s decision in Wellness International, the Ninth Circuit closed loopholes to preclude a pro se litigant from reneging on implied consent to final adjudication by a non.....