In recent years, a handful of cases have discussed the issue of what happens to the trustee’s percentage fee, collected from debtor plan payments, upon the dismissal or conversion of a case prior to confirmation. This is an emerging area of law, with decisions on both sides. However, with this new issue, there appears to be at least some confusion...
From the Editor – Dismissal and Conversion
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Case properly dismissed for bad faith. Bankruptcy court properly considered prior bankruptcy filings and timing of current case that was filed on morning of sheriff’s sale of commercial property, after state court had denied numerous attempts to stop sale. Debtor’s mother had also filed Chapter 13 to stay sale of jointly owned property. Court found no legitimate reason for debtor’s filing and no prospect of reorganization. Case was dismissed for bad faith, and bankruptcy court did not abuse discretion in sanctioning debtor for judgment creditor’s . . .
It looks like you are not signed in or registered! This content is only available to members.
Or sign in below:
Related Articles
A Fireside Chat with…Dr. ChatGPT – Products Available
Reflections from Boston
Federal District Court Affirms Decision that Residential Loan Modification Does Not Alter Lien Priority in Pennsylvania
How To Get More Than Your Share of the Bankruptcy Business
Who Gets the Trustee’s Fee and When?
Per Capita Bankruptcy Filings Heat Map
From the Editor – Claims
Supreme Court Corner: Homestead vs. Lien
Critical Case Comment – Pay the TAXES!
What, Exactly, Is the Trustee’s Percentage Fee