Introduction In In re Village Apothecary, Inc.,1 the Sixth Circuit last month reduced an attorney's fees by half, where the professional's services were not "successful." The results obtained (or, actually, the lack of results) justified cutting the fees of attorneys for a Chapter 7 trustee by 50%. Why It Matters to Chapter 13 People This analysis of the implications of...
Critical Case Comment: Massey v. Pappalardo
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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN
Massey v. Pappalardo, 2012 WL 616587 (1st Cir. BAP, Feb. 27, 2012) (Tester)
Where a Chapter 13 Debtor is allowed an exemption up to a specified dollar amount, claiming an exemption of “100% of FMV” is facially defective and the exemption must be disallowed.
Case Summary
The Masseys filed a Chapter 13 case and disclosed that each of them owned a one-third interest with right of survivorship in a home which they valued at $92,000. They also jointly . . .
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