From the Editor – Dismissal and Conversion • NACTT Academy

From the Editor – Dismissal and Conversion

By The Honorable William Houston Brown (Retired)

Attorney-fee case in bad faith. The Eleventh Circuit held that the bankruptcy court did not clearly err in dismissing a Chapter 13 case filed for the purpose of paying attorney fees by installment. The bankruptcy court found that the debtor clearly would be better served by a Chapter 7 case and discharge. The debtor scheduled $16,000 in unsecured claims, but only three creditors filed claims, totally $1,355. The plan proposed to pay administrative claims, including $2,000 attorney fees, over a seventeen month period. Acknowledging that . . .

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