From the Editor – Debtor’s Attorney Fees

By The Honorable William Houston Brown (Retired)

Section 1326(a)(2) controls pre-confirmation dismissal. Discussing the split of authority on whether the debtor’s attorney is entitled to payment of fees from funds held by the trustee on dismissal of a case prior to confirmation, the Bankruptcy Appellate Panel concluded that §1326(a)(2) controlled, with that section directing the trustee to pay claims allowed under § 503(b) before returning funds to the debtor. The Bankruptcy Appellate Panel held that the Supreme Court’s Harris decision in a converted case did not apply . . .

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