From the Editor – Debtor’s Attorney Fees • NACTT Academy

From the Editor – Debtor’s Attorney Fees

By The Honorable William Houston Brown (Retired)

Counsel failed to show cause why undistributed funds on dismissal of confirmed case should be paid to attorney. In a confirmed case with the plan providing for $3,000 fees to the attorney and no distribution to unsecured creditors but with two secured automobile payments, the case was dismissed for default in payments, and the debtors’ attorney sought to have the undistributed funds paid to her. Finding In re Demery, 570 B.R. 220 (Bankr. W.D. La. 2017) instructive, the court held that § 349 required the . . .

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