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§ 1326(b)

Evans, In re--Evans v. McCallister

Jun
12
2023
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
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In re Bellamy

Nov
28
2007
Ruling
Attorneys'fees to be paid prior to distribution to creditors to the extent fees had been earned and were not for future performance.
Procedural posture

Counsel for a chapter 13 debtor filed an application for payment of counsel fees as an administrative expense pursuant to 11 U.S.C. § 1326(b).

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Consumer opinion summary, case decided on November 28, 2007 , LexisNexis #0108-088
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In re Reid

Jul
19
2006
Ruling
Court ruled that plan did not violate section 507(a) but needed to be amended to provide for interest on domestic support obligations.
Procedural posture

Debtor moved for confirmation of his proposed chapter 13 plan. The debtor's plan proposed payment of two debts that qualified as domestic support obligations, as that term was defined in 11 U.S.C. § 101(14A) . The issue was whether the debtor's proposed treatment of these domestic support obligations satisfied the requirements of the Bankruptcy Code, as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").

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opinion summary, case decided on July 19, 2006 , LexisNexis #0806-118
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In re Vinnie

Jun
23
2006
Ruling
Plan was confirmed over creditor's objection since section 1326(b)(1) did not require full payment of creditor's higher priority claim before paying other creditors.
Procedural posture

A state agency in charge of collecting child support on behalf of child support payees (agency) filed three claims for child support. The debtor's chapter 13 plan proposed to pay these claims in full, concurrently with other priority claims, including the debtor's attorney. The agency filed an objection to confirmation, claiming that its priority claims should be paid in full before distribution to any other priority creditor.

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opinion summary, case decided on June 23, 2006 , LexisNexis #0706-122
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