- 11 U.S.C.
Marshall v. Johnson
May
03
2024
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
- 11 U.S.C.
Baum, In re
May
05
2023
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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Court
:
- 11 U.S.C.
Batoha, In re
May
02
2022
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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Court
:
- 11 U.S.C.
McCune, In re
Nov
12
2021
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
- 11 U.S.C.
Evans, In re
Feb
13
2020
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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Court
:
- 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
:
- 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