Legal Opinion

In re Garris

United States Bankruptcy Court, S.D. New York

Decided September 5, 2013No. Case No. 11-36799 (cgm)PublishedCited by 12 opinions

1Opinion of the Court

Chapter 13

MEMORANDUM DECISION CONSIDERING OBJECTION TO FEES

CECELIA G. MORRIS, CHIEF UNITED STATES BANKRUPTCY JUDGE

Introduction

The Debtors filed a letter pro se objecting to attorney fees in this dismissed chapter 13 case. The Debtors claimed that their bankruptcy counsel never remitted to them plan payments that should have been refunded to them by the trustee upon dismissal. The Court finds that section 1322(a)(2) applies and excepts section 503(b) administrative claims from funds that would otherwise return to the Debtors. The Court will exercise ancillary jurisdiction over counsel’s…

2Cases cited20 opinions

  1. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
  2. Jimenez v. QuartermanSupreme Court of the United States · 2009
  3. Tsafaroff v. Taylor (In re Taylor)Court of Appeals for the Ninth Circuit · 1989
  4. In Re ArmstrongUnited States Bankruptcy Court, E.D. New York · 2009
  5. United States v. JoshuaCourt of Appeals for the Fourth Circuit · 2010

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3Cited by12 opinions

  1. In re GorskiUnited States Bankruptcy Court, S.D. New York · 2014
  2. In re DemeryUnited States Bankruptcy Court, W.D. Louisiana · 2017
  3. In re RogersUnited States Bankruptcy Court, E.D. Arkansas · 2014
  4. In re IveyUnited States Bankruptcy Court, E.D. Arkansas · 2017
  5. In re WardDistrict Court, E.D. Wisconsin · 2014

7 more not listed; retrieve them via the Exa API.

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