Who Gets the Trustee’s Fee and When?

By Henry E. Hildebrand, III, Chapter 13 Trustee, Middle District of TN (Nashville)

Chapter 13 trustee is not compelled to return the percentage fee taken from a Chapter 13 case when the case is dismissed prior to confirmation. Harmon v. McCallister, 2021 WL 3087744 (9th Cir. BAP July 20, 2021) (Gan)

Case Summary

Douglas and Christine Harmon filed a Chapter 13 case in December of 2019. In April 2020, the debtors elected to voluntarily dismiss their case and debtors’ counsel filed an application for compensation to be paid from funds on hand which was granted without . . .

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