By Kevin R. Anderson, Chapter 13 Trustee District of Utah
Berliner v. Pappalardo, 674 F.3d 78(1st Cir. March 22, 2012) (Jonker)
While it is not per se bad faith for a Chapter 13 plan to primarily pay the fees of debtors’ counsel, such a plan carries a heavy burden of demonstrating special, albeit rare, circumstances that justify its submission. The bankruptcy court should consider the totality of the circumstances when measuring whether an attorney-fee-only plan is proposed in good faith.
Debtor qualified to file under Chapter . . .
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