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.
Bankruptcy Judge Robert H. Jacobvitz of Albuquerque, N.M., described a circumstance when an individual debtor is entitled to pursue an appeal after conversion of a chapter 11 case to chapter 7.
The.....
Is a chapter 7 trustee paid anything if the trustee discovers nonexempt property that would pay creditors in full but the case converts to chapter 13 before the trustee makes distributions?
In his May.....
The first court of appeals to rule on a question where the lower courts are widely split, the Tenth Circuit held that a chapter 13 trustee was not entitled to payment of her fee because the case was.....
On a question where the lower courts are split, District Judge R. Brooke Jackson of Denver sided with the majority, reversed the bankruptcy court and held that a chapter 13 trustee is not entitled to.....
Debtors’ counsel have a problem. If a case converts to chapter 7 before confirmation of a chapter 13 plan, they might not be paid.
If a chapter 13 case is dismissed before confirmation, Section 1326(a).....
Judgment creditors were given permission under the Barton doctrine to conduct garnishment proceedings in state court to collect some $29,000 held by a chapter 13 trustee in a case that was dismissed.....
If a chapter 13 case has been dismissed before confirmation, the Tenth Circuit Bankruptcy Appellate Panel seems inclined to allow judgment creditors to garnish funds that the trustee would otherwise.....
In several circuits, complete disgorgement is the default sanction for a debtor’s attorney’s failure to disclose fee arrangements and payments.
To impose any lesser sanction requires “sound reasons.....
Reconstructed Time Records Are Ok in a POC for Pre-Filing Attorneys’ Fees
Reconstructed time records do not result automatically in the reduction or disallowance of a mortgage lender’s claim for.....
Bifurcated Fees for Destitute Chapter 7 Debtors Approved in Utah
To make chapter 7 accessible for those who can’t pay fees before filing, Bankruptcy Judge Kevin R Anderson of Salt Lake City laid down.....