The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.
ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.
These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.
Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.
The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.
From the Editor – Debtor’s Attorney
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Disgorgement of fees denied. The Chapter 13 trustee moved for the debtor’s attorney to disgorge $4,000 prepetition fee under Rule 2017 and § 329, asserting that the fee was excessive because of debtor’s ineligibility for Chapter 13, exceeding the unsecured debt limit. Finding that the debtor’s goal was to delay a state-court contempt proceeding and postpone enforcement of a dissolution judgment, he got what was bargained for in paying $4,000 fee, and the debtor was not overcharged. The attorney might be subject to sanction . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Critical Case Comment–Who is Responsible to Address Eligibility Questions?
Critical Case Comment – Watch for Opportunities to Bifurcate Home Mortgage Claims
Passing of Affable, Humanitarian Trustee
Treasury, IRS Issue Final Regulations, Other Guidance on New Qualified Business Income Deduction; Safe Harbor Enables Many Rental Real Estate Owners to Claim Deduction
Declining Cases and Increasing Judicial Vacancies
Critical Case Comment – You Gotta Fix Your Own Screwups, on Your Own Dime
Meet the New Trustee
Mortgage Matters in Times of COVID-19
Escrow 101 – Part 2 of 3
In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 2 of 3