On a Split, District Judge Doesn’t Pay ‘13’ Trustee if Dismissal Precedes Confirmation
District judge in Colorado sides with the majority and doesn’t allow a chapter 13 trustee to be paid if dismissal occurs before plan confirmation.
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Judge Tells ‘13’ Debtors’ Counsel How to Write their Retention Agreements
Judge Jacobvitz told counsel for chapter 13 debtors how to write their engagement agreements to ensure being paid from funds held by the trustee if the case converts to chapter 7 before confirmation.
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Debtors May Wind Up Operations in Chapter 12 and Farm Through LLCs
Judge Somers wrote two opinions on debtors’ eligibility to reorganize in chapter 12.
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Priest Lacked Standing to Raise a Claim Objection to Clear His Name of Sexual Abuse
Standing has three components: statutory standing, constitutional standing and prudential standing, Judge Thuma explains.
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Barton Didn’t Stop Creditors from Garnishing a Chapter 13 Trustee After Dismissal
The debtor’s bad faith chapter 13 filings convinced Judge Hall to allow garnishment of funds held by the trustee after dismissal.
Supreme Court Likely to Tackle 2018 U.S. Trustee Fee Increase
The circuits are now split 2/2 on whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because the increase didn’t apply immediately in bankruptcy administrator districts.
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Split Heading to the Tenth Circuit on Sovereign Immunity for Section 544(b) Claims
The Tenth Circuit will likely take sides on a split between the Ninth and Seventh Circuits on Section 544(b) state-law claims brought by a trustee in the shoes of an actual creditor.
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Circuits Split on Allowing Debtors to Cure Chapter 13 Plan Defaults After Five Years
Tenth Circuit splits with the Third and Seventh Circuits on allowing a debtor to cure defaults after a five-year plan has ended.
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Chapter 13 Debtors Keep Windfalls with No Connection to Assets on the Filing Date
Taking sides with the minority on a split, bankruptcy judges in Kansas allow chapter 13 debtors to retain windfalls acquired after filing.
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Utah Judge Engrafts Flexibility onto the Countryman Definition of Executory Contracts
Rooker-Feldman and other principles can bar rejection of a contract even if it’s ‘executory.’
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