Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee, Nashville, TN

Nardello v. Balboa (In re Balboa), 514 B.R. 105 (D. N.J. August 4, 2014) (Simandle)

A Chapter 13 trustee is entitled to calculate her commission based on receipts which include payments made toward the Trustee’s own commission; the Chapter 13 Trustee is entitled to the percentage fee commission on all receipts even when the case is subsequently dismissed.

Case Summary

In October of 2012, George Nardello filed a Chapter 13 petition and a couple who owned real estate with him sought approval from . . .

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