Chapter 13 Trustee Duties, Powers, And Limitations – Part 3

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama

Can the trustee challenge the debtor’s attorney’s fee?

In re Rodriguez Perez, 2018 WL 3655656 (Bankr. D.P.R. 2018). In this case, the chapter 13 trustee asked the bankruptcy court to assess the contract between the debtor and counsel under § 526-528. The trustee alleged that the contract did not clearly explain the attorney’s services or fees and was open-ended with no cap on the attorney fees. The debtor’s counsel contested the request . . .

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