By Hon. Brian Lynch, Bankruptcy Judge, WAWB “[T]he bankruptcy court has a duty to review fee applications, notwithstanding the absence of objections by the United States trustee (“UST”), creditors, or any other interested party….” In re Busy Beaver Bldg. Ctrs., Inc., 19 F.3d 833, 841 (3d Cir. 1994). In Chapter 13 cases this role is critical because in this judge’s...
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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