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

(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference)By Brittani Bushman, Judicial Law Clerk to the Hon. John T. Gregg, United States Bankruptcy Court for the Western District of Michigan

B. Illustrative Decisions (Minority Approach)

The Bankruptcy Appellate Panel for the Ninth Circuit recently issued a comprehensive unpublished decision adopting the minority approach, holding that § 586(e) is unambiguous and the "plain language of § 586(e)(2) means that a standing trustee is entitled to the statutory fee . . .

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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 ajudicial 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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