By Pardis Akhavan, Resnik Hayes Moradi LLP (Encino, CA) The bankruptcy court in In re Ritter, 2021 WL 864092 (Bkrtcy C.D. Cal, 2021)(J. Tighe),denied debtors’ motion for an immediate discharge under Section 1328(i) ruling that Congress apparently did not intend that a chapter 13 debtor who obtains a loan modification should also receive a discharge, on that basis alone at...
Critical Case Comment
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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
When a case converts from Chapter 13 to Chapter 7 prior to the confirmation of a plan, the Chapter 13 Trustee is not permitted to divert funds from the debtor to the debtor’s attorney. In re Lettie, 597 B.R. 637 (Bankr. E.D Wis. 2019) (Hanan)
Case Summary
At the time the debtors realized that they could not confirm a Chapter 13 plan, debtors’ counsel sought to amend the fee application to pay those attorney’s fees through . . .
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Critical Case Comment