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