By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) The Seventh Circuit thought that it had finished dealing with the intersection of cars, fines, Chapter 13, and the City of Chicago when it rendered its decision earlier in 2019 in “Steenes I.” In re Steenes, 918 F.3d 554 . Alas, it was not to be,...
Critical Case Comment: Berliner v. Pappalardo
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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.
Case Summary
Debtor qualified to file under Chapter . . .
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