First, breathe deep and try to relax. The Antitrust, Commercial and Administrative House Subcommittee of the House Judiciary Committee, with minimal notice, set an oversight hearing for September 29, 2022. The subcommittee is charged to deal with matters relating to bankruptcy. The subject of the hearing was to be the “Oversight of the Bankruptcy Code, Part 2: Ensuring a Fresh...
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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