Three Circuits Now Say ‘13’ Trustees Aren’t Paid if Dismissal Precedes Confirmation
The same question has been sub judice in the Second Circuit for 15 months. Is the Second Circuit on the cusp of making a circuit split?
Judges Plead with Congress to Fix the Mess Created by Lamie
Sitting en banc, three judges in St. Louis effectively barred bifurcated fee arrangements in the Eastern District of Missouri.
District Court Disregards the Bankruptcy Court’s Authority over Post-Petition Fees
Seemingly in conflict with Section 329, a district court decided that a chapter 7 debtor’s attorneys could sue for post-petition fees, even though the firm never disclosed the fee arrangement as required by Section 329 and Rule 2016.
Supreme Court Won’t Decide Whether ‘13’ Trustees Are Paid When Plans Aren’t Confirmed
Any day now, the Second Circuit could create a split of circuits importuning the Supreme Court to decide whether chapter 13 trustees are paid fees even if no plan is confirmed.
Standing Trustees Should Be Paid in Unconfirmed Cases
Standing Trustees Should Be Paid in Unconfirmed Cases By Grant Rosinko Recent decisions in several circuits have denied compensation to standing trustees when a chapter 13 case is dismissed prior to plan confirmation. There is now a split of authority resulting from two
Congress Must Act to Permit Chapter 7 Debtors to Pay Counsel After Filing
Bifurcated fee arrangements are cumbersome, temporary fixes for a problem that the Supreme Court created in Lamie.
BAP Lays Down Pleading Rules for Fee Applications in Small Chapter 7 Cases
The fee application by an attorney for a chapter 7 trustee in a small case must state facts to show why the services must have been performed by an attorney, not by the trustee.