Proceeds from Post-Petition Sales Aren’t to Be Turned Over to the Chapter 13 Trustee
Before confirmation, district judge says that a chapter 13 debtor is only required to turn over disposable income to a trustee, not proceeds from a post-petition sale of property.
Benchnotes May 2023
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Failures by Debtors’ Counsel to Disclose Fee Arrangements “Will Not Be Taken Lightly” In In re Dordevic, 1 counsel for the debtor disclosed that the debtor paid counsel $5,000 for services in
Tenth Circuit Doesn’t Pay ‘13’ Trustee if Dismissal Precedes Confirmation
The first court of appeals to rule on a question where lower courts are split, the Tenth Circuit finds the statute unambiguous and requires a chapter 13 trustee to disgorge his or her fee if the case is dismissed before confirmation.
Benchnotes February 2023
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Multiple Affiliates: Every Action Taken for the Collective Estates Does Not Have to Be Good for Each Debtor Complex chapter 11 cases rarely involve a single debtor entity. Indeed, virtually every
A Two-Year Delay in Filing a Retention Application Resulted in Denial of Fees
Pittsburgh Bankruptcy Judge Gregory Taddonio says that lawyers must search in PACER before signing up a new client.