By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Standing Trustee (Memphis, TN) Are chapter 13 serial filers abusing the bankruptcy system? Maybe or maybe not. There are many reasons debtors file multiple bankruptcy cases across the nation, including but not limited to parking tickets, court fines, utilities, lack of financial literacy, foreclosure, past due rent,...
Critical Case Comment
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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Despite a split in authority, funds held by a Chapter 13 Trustee at the time a case is dismissed prior to confirmation, are subject to the trustee’s commission before any balance is returned to the debtor. In re Doll, 17-20831-MER (Bankr. D.Colo. Feb. 19, 2021) (Romero)
Case Summary
Daniel Doll filed a Chapter 13 petition in November of 2017 but, following a heavily litigated confirmation process, the bankruptcy court refused to confirm his proposed plan and . . .
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