Legal Opinion

In re Brandon

United States Bankruptcy Court, D. Maryland

Decided September 10, 2015No. Case No. 14-23735-DER, Case No. 14-27630-DER, Case No. 14-28940-DER, Case No. 14-29084-DERPublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM OPINION

DAVID E. RICE, U.S. BANKRUPTCY JUDGE

These cases require the court to consider the effect of the Supreme Court’s recent decision in Harris v. Viegelahn, — U.S. —, 135 S.Ct. 1829, 191 L.Ed.2d 783 (2015), on motions by debtor’s counsel for allowance and payment by a Chapter 13 trustee of attorney’s fees in a case that was either dismissed or converted to a Chapter 7 case before confirmation of a Chapter 13 plan. The relevant facts in each of these cases are not in dispute. In considering this issue, the court has had the benefit of memoranda of law filed by each of the Chapter…

2Cases cited8 opinions

  1. Harris v. ViegelahnSupreme Court of the United States · 2015
  2. In Re: Barry L. Michael v.Court of Appeals for the Third Circuit · 2012
  3. Hernandez v. Suburban Hospital Ass'nCourt of Appeals of Maryland · 1990
  4. In re BeauregardUnited States Bankruptcy Court, D. New Mexico · 2015
  5. Mary Viegelahn v. Charles Harris, IIICourt of Appeals for the Fifth Circuit · 2014

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3Cited by14 opinions

  1. Jeffrey P. White & Associates, P.C. v. Fessenden (Wheaton)Bankruptcy Appellate Panel of the First Circuit · 2016
  2. In re MerovichUnited States Bankruptcy Court, M.D. Pennsylvania · 2016
  3. In re VonkreuterUnited States Bankruptcy Court, D. Colorado · 2016
  4. In re FairnotUnited States Bankruptcy Court, E.D. Michigan · 2017
  5. In re HoggarthUnited States Bankruptcy Court, D. Colorado · 2016

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