Court Review of Fee Applications in Chapter 13: One Judge’s Perspective

By Hon. Brian Lynch, Bankruptcy Judge, WAWB

“[T]he bankruptcy court has a duty to review fee applications, notwithstanding the absence of objections by the United States trustee (“UST”), creditors, or any other interested party….” In re Busy Beaver Bldg. Ctrs., Inc., 19 F.3d 833, 841 (3d Cir. 1994). In Chapter 13 cases this role is critical because in this judge’s experience Chapter 13 trustees and creditors rarely object to Chapter 13 debtors’ attorney’s fees. Bankruptcy judges don’t enjoy performing this task, but it is one of the tools for . . .

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