In re Tan
Sep
03
2009
Ruling
Debtor's attorneys' fees allowed with reductions due to undisclosed deed of trust securing fee and charges for arguably trustee functions.
Procedural posture
Upon liquidation of a bankruptcy debtor's estate, applications for final awards of compensation were submitted by counsel for the debtor, counsel for the bankruptcy trustee, and the trustee.
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Court
:
In re Clark
Aug
21
2009
Ruling
Attorney's suspension extended and recent fees ordered disgorged due to failure to inform new clients of the suspension.
Procedural posture
The Office of the U.S. Trustee, Eugene, Oregon, filed a motion seeking an order requiring an attorney to show cause why he should not be required to disgorge fees he charged chapter 7 and chapter 13 debtors in 35 cases, and why a prior order the court issued which suspended the attorney from practicing law in the court should not be extended for an additional 90 days.
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Court
:
- 11 U.S.C.
In re Clark
Mar
26
2009
Ruling
Chapter 13 debtors' counsel suspended for 90 days and ordered to disgorge fees due to filing of incomplete or misleading disclosures.
Procedural posture
The United States Trustee (UST) filed a motion to examine and reduce the attorneys' fees of the chapter 13 debtors' counsel under 11 U.S.C.S. § 329 and to suspend him.
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Court
:
- 11 U.S.C.
In re Skinner
Jun
06
2008
Ruling
Debtor's failure to timely commence plan payments resulted in dismissal.
Procedural posture
A debtor, proceeding pro se, filed for relief under chapter 13 of the Bankruptcy Code. The debtor did not appear at the plan confirmation hearing, and the court determined that the plan was not feasible and that it was not filed in good faith. The court denied the debtor's motion for a continuance, denied confirmation of the plan and dismissed the case. The debtor filed a motion to reconsider the order dismissing the case.
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Court
:
- 11 U.S.C.
In re Addison
Apr
25
2008
Ruling
Counsel fee application denied due to repeated nondisclosures of fee arrangements.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code. Counsel for the debtor filed an application for attorney's fees and costs.
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Court
:
- 11 U.S.C.
In re Sanchez
Mar
19
2008
Ruling
Confirmation denied due to failure to provide for equal monthly payments.
Procedural posture
The debtors filed for relief under chapter 13 of the United States Bankruptcy Code and submitted a proposed plan. A creditor filed an objection to confirmation of the plan, claiming that the plan did not comply with 11 U.S.C.S. § 1325(a)(5)(B)(iii).
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Court
:
In re Lie Hung Tan
Mar
06
2008
Ruling
Debtor's sister could not claim homestead exemption in or administrative expense related to estate property.
Procedural posture
A liquidating trustee in a bankruptcy case objected to the proofs of claim filed by a debtor's sister.
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Court
:
- 11 U.S.C.
In re Anderson
Feb
12
2008
Ruling
Confirmation denied where conditions impermissibly modified lender's rights.
Procedural posture
Bankruptcy debtors proposed a plan which dealt with claims of lenders secured by the debtors' principal residence, and the lenders objected to confirmation of the debtors' plan on the ground that it modified and impaired the lenders' rights in violation of 11 U.S.C.S. § 1322(b)(2).
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Court
:
- 11 U.S.C.
In re Tan
Oct
24
2007
Ruling
Trustee's attorney not entitled to compensation for services generally performed by trustee without assistance of counsel.
Procedural posture
The law firm for a chapter 11 trustee filed a second supplemental application for compensation. The debtor challenged the reasonableness of the hours expended.
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Court
:
In re Brown
May
31
2006
Ruling
Court granted modification of plan to correct drafting error since notice had been defective and plan had not become final under section 1329(b)(2).
Procedural posture
A creditor objected to debtors'original chapter 13 plan. The objection was resolved by an agreement that the "best interest number" under 11 U.S.C. § 1325(a)(4) would be $6,000. Debtors'counsel sent the trustee a proposed modified plan that, inter alia, substituted "n/a" for the best interest number. The trustee did not object to the proposed modified plan. Two years later, the trustee moved to reinstate the original best interest number.
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Court
: