Critical Case Comment

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

In re Dickens, 513 B.R. 906 (Bankr. E.D. Ark. July 25, 2014) (Evans)

A Chapter 13 trustee is not entitled to collect a percentage fee on funds deposited with the trustee where the case is not confirmed and funds are returned to the debtor.

Case Summary

Richard and Lee Ann Dickens filed a Chapter 13 petition on December 2, 2012 but could not confirm a plan. Finally, in September of 2013, the case was dismissed.

While the case was pending, the Dickens paid $21 . . .

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