§ 1326

In re Brandon

Ruling: 
Chapter 13 trustee should pay administrative expenses, including attorneys' fees, from funds on hand upon dismissal or conversion.
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Consumer case opionion summary, case decided on September 10,2015, LexisNexis #1015-027

In re Rogers

Ruling: 
Debtor's attorneys not entitled to have their fees paid directly by trustee after denial of confirmation.
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Consumer case opionion summary, case decided on September 22,2014, LexisNexis #1014-068

In re Dickens

Ruling: 
Trustee's fee based on fixed percentage of plan payments had to be returned to debtor upon preconfirmation dismissal.
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Consumer case opionion summary, case decided on July 25,2014, LexisNexis #0814-101

In re Vaughter

Ruling: 
Funds held by trustee were subject to attachment, levy or garnishment upon dismissal of debtor's chapter 13 case.
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Consumer case opionion summary, case decided on February 28,2014, LexisNexis #0314-133

In re Garris

Ruling: 
Bankruptcy court could not compel trustee to pay legal fees directly to debtors' attorneys pursuant to "assignment of rights" signed by debtor.
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Consumer case opionion summary, case decided on September 05,2013, LexisNexis #0913-134

In re James

Debtor filed a motion to reopen his chapter 13 bankruptcy case and for an order requiring a standing chapter 13 trustee to release funds to the debtor's attorney. A finance company and another creditor filed an objection to the debtor's motion, alleging that a third-party citation to discover assets that was filed in an Illinois court and served on the trustee trumped the release of funds.
Ruling: 
Case reopened and trustee ordered to comply with order to disburse funds.
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Consumer case opionion summary, case decided on April 18,2013, LexisNexis #0513-096

Williams v. Marshall (In re Williams)

Debtors filed a complaint against chapter 13 trustee, seeking turnover of all funds still on hand at the time their bankruptcy case was dismissed. The debtors filed a motion for judgment on the pleadings.
Ruling: 
Funds held by trustee after voluntary dismissal of case had to be returned to debtor.
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Consumer case opionion summary, case decided on March 13,2013, LexisNexis #0413-101

Price v. Ables (In re Price)

After a debtor's chapter 13 case was dismissed, plaintiff, the trustee for the debtor's estate, filed an adversary proceeding pursuant to 11 U.S.C.S. § 1326 for the turnover of property made to chapter 13 trustee by defendants while the case was still pending.
Ruling: 
Objection to garnishment against trustee in dismissed chapter 13 case overruled.
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Consumer case opionion summary, case decided on January 09,2013, LexisNexis #0213-063

In re Locascio

A chapter 13 trustee filed a motion to reopen a dismissed case to determine if funds paid to the debtor under 11 U.S.C.S. § 1326(a)(2) belonged to a creditor.
Ruling: 
Motion to reopen dismissed case denied where trustee properly turned plan payments over to debtor despite garnishment.
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Consumer case opionion summary, case decided on November 05,2012, LexisNexis #1212-032

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