Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion*Part 1 of 3

(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference)

I. Introduction

Although the Bankruptcy Code has been around for decades, bankruptcy courts continue to be faced with significant disputes regarding the interpretation of its provisions. An emerging issue that has gained traction in recent years involves the compensation of a chapter 13 trustee upon the dismissal or conversion of a case prior to confirmation.1 This issue turns on courts' interpretation of the seemingly conflicting directives of 28 U . . .

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Judicial Law Clerk to the Hon. John T. Gregg, United States Bankruptcy Court for the Western District of Michigan

Brittani Bushman is a judicial law clerk to the Hon. John T. Gregg in the United States Bankruptcy Court for the Western District of Michigan. She received her J.D. from Albany Law School and obtained an undergraduate degree in Family, Consumer and Human Development, with an emphasis in Family Finance from Utah State University. Ms. Bushman passed the July 2021 Uniform Bar Exam and her application for bar admission is pending.

While in law school, Ms. Bushman was a judicial extern for Judges Kevin R. Anderson,William T. Thurman, and Joel T. Marker at the United States Bankruptcy Court for the District of Utah, an intern at the United States Trustee office in Albany, New York, and a law clerk for Chapter 7 Trustee Marc Ehrlich in Troy, New York. She also received the prestigious Distinguished Bankruptcy Law Student Award for the Second Circuit from the American College of Bankruptcy.

Prior to law school, Brittani worked as a personal financial counselor and educator, where she advised numerous individuals and families on their financial circumstances and often helped her clients get out of debt, improve their credit, or evaluate the benefits of bankruptcy. This experience led Ms. Bushman to her interest in bankruptcy law.

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