By Veronica D. Brown-Moseley, Boleman Law Firm, P.C. (Virginia Beach, VA) Many things can, and often do, change between the time debtors file a Chapter 13 bankruptcy petition and the end of their case. A variety of circumstances impact a debtor’s ability to afford their Chapter 13 plan payments, including but not limited to: medical problems, disability, loss of employment,...
From the Editor – Best Interests of Creditors Test
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Debtors’ attorney fees are not deductible costs for hypothetical liquidation. The debtors valued nonexempt assets and deducted their Chapter 13 attorney fees, and the trustee’s objection to confirmation asserted that the fees were not part of the hypothetical Chapter 7 liquidation calculation. The court agreed, after reviewing factors in the best interests test. The plan proposed to pay Chapter 13 attorney fees and nothing to unsecured creditors. Although Chapter 7 administrative expenses are included in the hypothetical calculation, subtracting Chapter 13 attorney fees would be contrary to Tenth . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Ordinary Heroes Deliver Second Chances with Bankruptcy
Did You Really Rely Upon That?
Chapter 13 Saves the World!
From the Editor
Avoidance Powers in Chapter 13 – Part 4 of 6
When Life Backs Chapter 13 Debtors Into A Corner, § 1329 May Provide A Way Out Of Trouble And A Shorter Path To Discharge
From the Editor – Claims
Federal District Court Affirms Decision that Residential Loan Modification Does Not Alter Lien Priority in Pennsylvania
Who Gets the Trustee’s Fee and When?
From the Editor – Attorney Sanctioned