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, Nashville, TN
Undistributed funds held by a Chapter 13 trustee at the time a debtor converts to a Chapter 7 should thereafter be distributed to creditors in accordance with the plan in place at the time the funds were received.
Viegelahn v. Harris, 2014 WL 3057095 (In re Harris) (5th Cir. July 7, 2014) (Graves)
Case Summary
In February of 2010, Charles Harris filed a petition under Chapter 13. He was seeking to cure a default on his home mortgage as well as pay a small . . .
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