Critical Case Comment: Berliner v. Pappalardo

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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