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§ 1326

Perkins, In re

Ruling
Bankruptcy Court dismissed Perkins' Chapter 13 case for failing to make timely trustee payments and misrepresenting legal authority via AI-generated case law. (Bankr. D. Or.)
Issue(s)
Payments; Plan Payments; Commencement.

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Consumer opinion summary, case decided on July 07, 2025 , LexisNexis #0925-044

Hamming, In re

Ruling
Post-confirmation amendment allowing the debtors to make direct payments to their mortgage lender under the terms of a loan modification agreement was not inconsistent with the debtors' original Chapter 13 plan. (Bankr. W.D. Mich.)
Issue(s)
Payments; Payments to Creditors.

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Consumer opinion summary, case decided on November 06, 2024 , LexisNexis #0125-069

Silmon, In re

Ruling
Debtor's unsecured creditors were entitled to the pro rata distribution from the amount returned to trustee as it was undisputed that the unsecured creditors were not paid in full. (Bankr. M.D. Ala.)
Issue(s)
Payments.

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Consumer opinion summary, case decided on October 01, 2024 , LexisNexis #1224-048

Marshall v. Johnson

Ruling
Circuit court did not err in holding that Chapter 13 trustee was required to return her fee as thedebtor's plan was not confirmed and the adequate protection payments were not paymentsunder the plan. (7th Cir.)
Issue(s)
Payments; Plan Payments; Distribution or Return of Payments by Trustee.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 03, 2024 , LexisNexis #0724-046

Evans, In re--Evans v. McCallister

Ruling
Standing trustee was not to be paid her percentage fee when a case was dismissed prior to confirmation. (9th Cir.)
Issue(s)
Payments; Priority Claims.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 12, 2023 , LexisNexis #0823-020

Johnson, In re

Ruling
Trustee was required to disgorge statutory fees to the debtor as the trustee was not authorized to deduct the fees and pay herself her commission on cases dismissed prior to confirmation. (Bankr. N.D. Ill.)
Issue(s)
Payments; Plan Payments; Distribution or Return of Payments by Trustee.

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Consumer opinion summary, case decided on May 12, 2023 , LexisNexis #0723-022

Baum, In re

Ruling
Bankruptcy court ordered the trustee to pay the debtor all of the funds received from all sources in dismissed Chapter 13 case. (Bankr. E.D. Mich.)
Issue(s)
Payments; Plan Payments; Distribution or Return of Payments by Trustee.

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Consumer opinion summary, case decided on May 05, 2023 , LexisNexis #0623-096

Batoha, In re

Ruling
Debtor's proposed Chapter 13 plan was denied based on trustee's objections as the debtorwanted a longer plan period without paying the additional amount into the plan. (Bankr. E.D.Mich.)
Issue(s)
Payments; Plan Payments; Commencement.

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Consumer opinion summary, case decided on May 02, 2022 , LexisNexis #0722-023

McCune, In re

Ruling
Bankruptcy court would authorize disbursement of the funds to pay the debtors' formerattorneys' fees provided debtors had executed an assignment or direction to pay from funds onhand. (Bankr. D.N.M.)
Issue(s)
Payments; Plan Payments; Distribution or Return of Payments by Trustee.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 12, 2021 , LexisNexis #0122-021

Evans, In re

Ruling
Trustee was required to return percentage fee after Chapter 13 case was dismissed preconfirmation. (Bankr. D. Idaho)
Issue(s)
Payments; Plan Payments; Distribution or Return of Payments by Trustee.

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Consumer opinion summary, case decided on February 13, 2020 , LexisNexis #0320-096