- 11 U.S.C.
Crespin, In re
May
23
2019
Ruling
Trustee's request to retain her percentage fee for paying debtors' counsel fees was denied ascourt deemed that payments for administrative expenses made when a plan is not confirmedare not plan payments. (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
- 11 U.S.C.
Acosta, In re
Jul
03
2018
Ruling
Debtor's motions to withdraw unclaimed funds granted as 11 U.S.C. § 1326(a)(2) provided that the funds, minus adequate protection payments and administrative claims, should be returned to debtors. (Bankr. D.P.R.)
Issue(s)
Payments; Plan Payments; Distribution or Return of Payments by Trustee.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Lundy
Sep
29
2017
Ruling
Dismissal order amended to remove the provision allowing the trustee to deduct statutoryfees from the plan payments ordered to be refunded as the case was dismissed beforeconfirmation of a plan. (Bankr. N.D. Ohio)
Issue(s)
Payments; Plan Payments; Distribution or Return of Payments by Trustee.
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Court
:
- 11 U.S.C.
Heft, In re
Feb
16
2017
Ruling
Debtor's motion for authority to pay creditors directly was denied for obvious intent of themotion to undercut the express terms of the pending second amended plan. (Bankr. C.D. Ill.)
Issue(s)
Payments; Plan Payments; Distribution or Return of Payments by Trustee.
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Court
:
In re Dubose
Aug
02
2016
Ruling
Trustee was required to disburse funds returned to estate by IRS post-dismissal to unsecuredcreditors who had not been paid in full upon discharge. (Bankr. M.D. Ala.)
Issue(s)
What was the proper post-dismissal distribution of funds returned by the IRS to the chapter 13 trustee?
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Court
:
- 11 U.S.C.
Wheaton v. Fessende
Apr
14
2016
Ruling
Debtor's attorney entitled to payment of approved fees and expenses following dismissal prior to any disbursement to debtor.
Issue(s)
Was debtor's attorney entitled to payment of fees prior to disbursement of estate funds to debtor following dismissal of chapter 13 case?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Merovich
Apr
06
2016
Ruling
Debtor’s counsel entitled to post-dismissal payment of fees prior to disbursement to debtor’spersonal representative. (Bankr. M.D. Pa.)
Issue(s)
Payments; Plan Payments; Distribution or Return of Payments by Trustee.
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Court
:
- 11 U.S.C.
In re Hightower
Sep
30
2015
Ruling
Undistributed plan payments had to be turned over to debtor by trustee upon dismissal of unconfirmed chapter 13 case.
Issue(s)
Did undistributed plan payments need to be returned to debtor upon dismissal of chapter 13 case?
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Court
:
- 11 U.S.C.
In re Brandon
Sep
10
2015
Ruling
Chapter 13 trustee should pay administrative expenses, including attorneys' fees, from funds on hand upon dismissal or conversion.
Issue(s)
What is the effect of the Supreme Court's recent decision in Harris v. Viegelahn on motions by debtor's counsel for allowance and payment by a chapter 13 trustee of attorney's fees in a case that was either dismissed or converted to a chapter 7 case before confirmation of a chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Martinez
Jul
22
2015
Ruling
Postdismissal writ of garnishment could be served on chapter 13 trustee.
Issue(s)
Whether, and if so, when, may the funds held by a chapter 13 trustee be subject to a writ of garnishment?
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Court
: