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February 15, 2019
Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
An appellate court will decide whether four years of jailing means that civil incarceration has become futile.
9th Circuit
,
California
,
California Central District
June 26, 2018
Courts Split on Paying Chapter 13 Debtor’s Counsel if Conversion Precedes Confirmation
Arizona judge declines to expand Harris v. Viegelahn to cases when conversion precedes confirmation.
9th Circuit
,
Arizona
June 25, 2018
Bankruptcy Court’s Contempt Power Includes Incarceration for More Than Three Years
Ninth Circuit gives short shrift to a man who continues defying an order to turn over $1.4 million of estate property.
9th Circuit
May 11, 2018
Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions
Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.
4th Circuit
April 27, 2018
Bankruptcy Court Has Constitutional Power to Sanction, Eighth Circuit Rules
Bankruptcy courts have constitutional power to sanction for actions occurring during administration of a bankruptcy case.
8th Circuit
March 22, 2018
Court May Depart from the Code When the Debtor Consents and No One Objects
Unique facts were again the basis for a result seemingly at odds with the statute.
2nd Circuit
,
New York
,
New York Northern District
November 17, 2017
No Statute of Limitations for Suing on a Trustee’s Surety Bond
Removing and discharging a trustee are not synonymous, Houston judge rules.
5th Circuit
,
Texas
,
Texas Southern District
October 25, 2017
Section 1326(a)(2) Overrides a Levy Under State Law
On dismissal before chapter 13 confirmation, the debtor gets undistributed funds, not a creditor with a valid state court levy.
4th Circuit
,
Virginia
October 12, 2017
Unclaimed Distributions Go to the Treasury, Not to Other Creditors, Judge Says
Tennessee judge changes a practice established in 1995 regarding unclaimed distributions.
6th Circuit
,
Tennessee
,
Tennessee Middle District
October 05, 2017
No Statutory Fees for Standing Chapter 13 Trustees if Dismissal Precedes Confirmation
With no circuit authority, lower courts are split on the fate of standing trustees’ fees when a chapter 13 case is dismissed before confirmation.
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