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.
A trustee may not evade the transfer restrictions in the operating agreement of a limited liability company by selling only the “economic interest,” the Tenth Circuit Bankruptcy Appellate Panel said.....
A decision from the Ninth Circuit Bankruptcy Appellate Panel underscores the need for updating common and statutory law to deal with breakups in the “modern family” and concerns for spousal abuse.
Alth.....
Bankruptcy Judge Gregory L. Taddonio has a way with words. “Sometimes,” he said, “even the most settled legal principles need to be repeated.” For example, “strict rules” exist “governing the.....
To avoid forcing a debtor to pay the same tax lien twice, the majority on a Ninth Circuit panel held that a trustee may not avoid a lien securing a tax penalty and preserve the avoided lien for the.....
Joining what he called the “slight minority of courts,” Chief Bankruptcy Judge Brian T. Fenimore of Kansas City, Mo., decided that the appreciation in the value of a homestead during a chapter 13 case.....
If a spouse purchases a home with his or her own funds and is solely liable on the mortgage note, placing title jointly in both spouses might be avoidable as a constructively fraudulent transfer, at.....
Believe it or not: Even if state law says that the amount of an exemption is the amount in effect when the lien was created, the Bankruptcy Code allows the debtor to avoid the lien under Section 522(f.....
Although it never passes through the debtor’s hands, medical and dental insurance premiums paid by an employer must be included in a chapter 13 debtor’s current monthly income, according to Bankruptcy.....
On an issue where there is little authority and the lower courts are split, Bankruptcy Judge Beth E. Hanan of Milwaukee decided that a debtor who had amended a plan to increase the duration beyond 60.....
Ruling on a question of first impression, the Ninth Circuit Bankruptcy Appellate Panel held that a debtor who claims an exemption equal to “100% fair market value” is entitled to retain postpetition.....