Legal Opinion
In re Marotta
United States Bankruptcy Court, M.D. North Carolina
Decided October 9, 2012No. Nos. 12-10409, 12-10446, 12-10449, 12-10487, 12-10540, 12-10552, 12-10585, 12-10608, 12-10619, 12-10620, 12-10639, 12-10663, 12-10685PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION
THOMAS W. WALDREP, JR., Bankruptcy Judge.
At issue in these cases is the effect of a “no money down” arrangement between debtors and their attorneys under Chapter 13 of the Bankruptcy Code. In each of these thirteen cases, the parties entered into a fee arrangement in which the debtor paid nothing “up front” to file a Chapter 13 bankruptcy petition, and the debtor’s attorney was obligated to pay certain pre-petition fees, including the bankruptcy filing fee, when the case was filed. Under this arrangement, the filing fee and other fees would be repaid through the Chapter 13…
2Cases cited46 opinions
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Stern v. MarshallSupreme Court of the United States · 2011
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- United States v. WilliamsSupreme Court of the United States · 2008
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
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3Cited by8 opinions
- Thomas McBride v. Sharon RileyCourt of Appeals for the Fifth Circuit · 2019
- In re FrazierUnited States Bankruptcy Court, S.D. Georgia · 2017
- In re RileyUnited States Bankruptcy Court, W.D. Louisiana · 2017
- Angelito Uy Sepulvida and Maria Bituin CaranayUnited States Bankruptcy Court, D. New Mexico · 2021
- Chuck McCune and Chuthamard McCuneUnited States Bankruptcy Court, D. New Mexico · 2021
3 more not listed; retrieve them via the Exa API.