Bankruptcy Courts Grapple with the “COVID-19 Discharge” APPENDIX A 11 U.S.C. § 1328 Discharge (Text added by CAA, effective: December 27, 2020 and subject to one-year sunset, appears in italics.) (Mandatory and precatory directions to the court, critical to the statutory analysis in In re Ritter, appears in bold.) (a) Subject to subsection (d), as soon as practicable after completion...
Don’t Give Me That Lamie Excuse For The Increase In Attorney Fee-Only Plans
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By John Gustafson, Chapter 13 Trustee (Toledo, OH)
In Lamie v. United States Trustee, 540 U.S. 526, 534, 124 S. Ct. 1023, 157 L. Ed. 2d 1024 (2004), the Supreme Court held that debtors’ attorneys in Chapter 7 cases could not be paid from estate funds.
The concurring judgment in Berliner v. Pappalardo (In re Puffer), 674 F.3d 78, 84-84 (1st Cir. 2012) gave credence to the popular claim that the Lamie decision has had something to do with the increased number of “fee-only” Chapter 13 cases that are being filed around the country . . .
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