Where the courts are split, Idaho judge sides with the Tenth Circuit BAP and allows a chapter 13 debtor to retain post-petition appreciation in the value of a homestead following conversion to chapter 7.
Section 326(b) could have been (incorrectly) read to mean that non-standing subchapter V trustees are not entitled to compensation.
Trustees in chapter 12 fare better than chapter 13 trustees if a case is dismissed before confirmation.
Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.
To avoid having a discharge revoked, a debtor must either comply with the order or obtain a stay pending appeal.
Neither oral statements nor emails are sanctionable under Rule 9011, Judge Pappas says.
Florida and Idaho Judges Disagree with Fifth Circuit and a New Mexico Judge.
Subprime loan and mortgage abuses generate interesting question worthy of a law school final exam.