Andrew Delaney v. Gregory Messer, Chapter 7 Trustee, et al.
Does the U.S. Trustee Program create conflicts of interest vis-a-vis the debtor in chapter 7 cases where the judge, trustee, and trustee's lawyer are all present or former trustees in the same district?
Did the bankruptcy court's approval, affirmed by the district court and the circuit court, of settlements of the debtor's two multi-million dollar future earnings lawsuits for $12,500 and $25,000 respectively meet this Court's "fair and equitable standard" under Protective Comm. for Indep. Stockholders of TMT Trailer Ferry, Inc. v. Anderson?
Was the order of the bankruptcy court denying a chapter 7 debtor the exemption of a lawsuit pursuant to 11 U.S.C. § 522(d)(11)(E) (a payment in compensation of loss of future earnings) a violation of Law v. Siegel?
Is there now a split in the circuits regarding the application of the two-part test for the 11 U.S.C. § 522(d)(11)(E) exemption that should be resolved in favor of requiring the test?
Does the U.S. Trustee Program create conflicts of interest?