By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Overview Filing considerations. Perfect Storm! Pensions going down. Healthcare costs going up. Home Equity high. Medical debts increasing. Limited income. Common considerations. Embarrassment. Many of the elderly are from a generation which regards bankruptcy as an indication of moral failure and shame. Confidentiality. May not want family members, including a spouse,...
From the Editor – Debtor’s Attorney Fees
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By The Honorable William Houston Brown (Retired)
Attorney fees allowed administrative expense. In an analysis of the allowance of the debtor’s attorney fees, the court allowed fees incurred after voluntary dismissal of the case for services that were rendered in connection with the case and were beneficial to the debtor; those services were in relation to refund of mortgage over-payment. The court’s analysis includes that there is no requirement under § 349 that administrative expenses be allowed prior to dismissal of the case. In re Hirsch, 550 B.R. 126 (Bankr. W . . .
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