By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) On its face, Diaz (Diaz v. Viegelahn, No. 19-50982 (5th Cir. Aug. 26, 2020)) is a pretty straightforward decision that struck down a local form plan as violating a below-median income debtor's right to use her tax refund to finance necessary expenses for maintenance and support. On a deeper level,...
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By Wm. Houston Brown, United States Bankruptcy Judge (Retired)
Attorney Fees - Chapter 13 debtor’s attorney not entitled to recovery under § 330 of fees that were incurred in defending prior attorneys’ sanctions motion. The debtor’s prior attorneys had sought to impose sanctions on the current attorney, and that attorney successfully defended against sanctions. However, the fees incurred by the attorney did not benefit the bankruptcy estate. The issue was not whether those fees were necessary or reasonable as to the attorney, but the fees were not necessary for administration of the estate and were not . . .
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From the Editor
Diaz: Is it Really a Tax Refund?