Chapter 13 Trustees Are Paid Even if Dismissal Comes Before Confirmation, BAP Says
The Ninth Circuit BAP joins the minority on an issue that’s headed for the court of appeals.
Fees Benefiting Only the Debtor — and Not the Estate — Are Compensable in Chapter 13
Section 330(a)(4)(B) is an exception to the American Rule and the notion that administrative expenses must benefit the estate, not just the debtor.
Eighth Circuit BAP Approves the Amount of Bifurcated Fees Paid After Filing
Courts are continuing to grapple with bifurcated fee arrangements allowing chapter 7 debtors to pay the entire fee after filing.
Standards Laid Down for Bifurcated Fee Arrangement in the Southern District of Florida
Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.
Acevedo Doesn’t Bar Compensation for Services Before Entry of a Retention Order
So long as there was no delay in filing the retention application, Judge Tighe identified statutory and practical reasons for allowing compensation for services rendered before entry of a retention order.
On Dismissal of a ‘13,’ Barton May (or May Not) Bar Garnishments
Section 1326(a)(2) by itself does not bar garnishment of funds held by a trustee on dismissal before confirmation.