Introduction In In re Village Apothecary, Inc.,1 the Sixth Circuit recently cut an attorney's fee by half, where the services were not successful. The panel held that the results obtained (or, actually, the lack of results) justified the dramatic reduction of the fees of attorneys for a Chapter 7 trustee. In Part 1, we looked at . . . It...
Critical Case Comment
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By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah
In re Cannella, No. 14-21398, 2015 WL 1208679 (Bankr. D. Kan., Aug. 12, 2014) (Berger). In performing the hypothetical liquidation analysis of 11 U.S.C. § 1325(a)(4), Chapter 13 attorney’s fees are deducted as a priority claim before estimating the return to non-priority unsecured creditors.
Factual Summary
On the petition date, the Debtors held $3,010 in cash, but their plan proposed a $0.00 return to unsecured creditors. The Trustee objected to confirmation under the best-interests-of . . .
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The Effect of “Success” (or the Lack of It) on Attorneys’ Fees Part 2: In re Village Apothecary, Inc.