Berliner v. Pappalardo (In Re Puffer)
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
This bankruptcy case involves a dispute over attorneys’ fees. Resolving this dispute requires us to address a question of first impression at the appellate level concerning the propriety of so-called “fee-only” plans in Chapter 13 bankruptcy cases. This is an issue that has divided the bankruptcy courts. Compare In re Paley, 390 B.R. 53, 59 (Bankr.N.D.N.Y.2008) (rejecting fee-only plan as contrary to spirit and purpose of Bankruptcy Code), and In re Dicey, 312 B.R. 456, 459-60 (Bankr.D.N.H.2004) (same), with In re Elkins, No. 09-09254-8, 2010 WL 1490585, at *3…
Also in this document: Concurring in the judgment.
2Cases cited35 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Hamilton v. LanningSupreme Court of the United States · 2010
- In Re Gregory A. Lemaire, Debtor. Paul Handeen v. Gregory A. LemaireCourt of Appeals for the Eighth Circuit · 1990
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3Cited by39 opinions
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- In re Costa Bonita Beach Resort Inc.United States Bankruptcy Court, D. Puerto Rico · 2012
- Meyer v. Lepe (In Re Lepe)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In re WarkUnited States Bankruptcy Court, D. Kansas · 2015
- Wheeling & Lake Erie Ry. Co. v. KeachCourt of Appeals for the First Circuit · 2020
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