Wolff v. Johnson (In re Johnson)
May
01
2006
Ruling
Appellate panel reversed bankruptcy court by finding that plan provision calling for payment of attorney's fees after plan completion was permissible.
Procedural posture
Appellee chapter 13 debtor's amended plan provided that attorneys'fees remaining unpaid at the completion of the case would not be discharged and would be paid directly by the debtor after entry of his discharge. The Bankruptcy Court for the Eastern District of California, although it approved the fees, nevertheless indicated that appellant, debtor's counsel, could not collect fees from the debtor after entry of discharge.
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