By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
A Chapter 13 trustee is not permitted to retain the trustee’s percentage fee on payments made in cases where a Chapter 13 plan is not confirmed; the trustee is under a statutory obligation to return all funds, including the trustee’s percentage fee, to the debtor. (Whipple) In re Lundy, 2017 WL 4404271 (Bankr. N.D. Ohio September 29, 2017)
The Lundys filed a Chapter 13 petition, pro se, and had a dispute with the Internal Revenue Service about the filing . . .
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