From the Editor’s Desk - Debtor’s Attorney and Other Professionals • NACTT Academy

From the Editor’s Desk – Debtor’s Attorney and Other Professionals

By The Honorable William Houston Brown (Retired)

Attorney not entitled to fees for time reviewing monthly monitoring of cases by other staff. In eleven Chapter 13 cases, the trustee objected to the debtors’ attorney billing for time spent reviewing other staff members’ monthly monitoring of cases. While case-monitoring may be reasonable in some cases, the attorney did not provide case-specific evidence of the need for routine monitoring of case reviews performed by an associate attorney. Also, the attorney was not entitled to compensation at attorney rates for services that could be performed by clerical . . .

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From the Editor – Dismissal

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By The Honorable William Houston Brown (Retired) Undistributed funds returned to debtor upon dismissal. Under § 1327(b)’s vesting requirement, unless a confirmed plan provides otherwise, any undistributed funds held by the trustee at dismissal of the case must be returned to the debtor. Although not necessary to rely on § 347(b)(3), the conclusion on effect of vesting at confirmation was...

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