- 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
:
- 11 U.S.C.
In re Rogers
Sep
22
2014
Ruling
Debtor's attorneys not entitled to have their fees paid directly by trustee after denial of confirmation.
Issue(s)
Where chapter 13 case was dismissed prior to confirmation, could debtor's attorneys' fees be paid directly by trustee from preconfirmation monthly payments on hand or were the attorneys required to file a fee application?
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Court
:
- 11 U.S.C.
In re Garris
Sep
05
2013
Ruling
Bankruptcy court could not compel trustee to pay legal fees directly to debtors' attorneys pursuant to "assignment of rights" signed by debtor.
Issue(s)
Whether a bankruptcy trustee was allowed, under an "assignment of rights" chapter 13 debtors signed before their case was dismissed, to pay legal fees the debtors owed to their counsel instead of returning money he received from the debtors to the debtors.
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Court
:
- 11 U.S.C.
In re James
Apr
18
2013
Ruling
Case reopened and trustee ordered to comply with order to disburse funds.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Williams v. Marshall (In re Williams)
Mar
13
2013
Ruling
Funds held by trustee after voluntary dismissal of case had to be returned to debtor.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Price v. Ables (In re Price)
Jan
09
2013
Ruling
Objection to garnishment against trustee in dismissed chapter 13 case overruled.
Procedural posture
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.
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