Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee

In re Marotta, 479 B.R. 681 (Bankr. M.D. N.C., Oct. 9, 2012) (Waldrep).  The filing fee advanced by a debtor’s attorney on behalf of a Chapter  13 debtor is a dischargeable unsecured claim; the recovery of such fees are not recoverable administrative expenses which can be paid in the Chapter 13 case.

Case Summary

John Orcutt, a well-known debtor’s attorney in North Carolina, advertised the availability of Chapter 13 relief as a “$0 money-down bankruptcy” to certain . . .

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