Current percentage for compensation of Chapter 13 Tru=
Posted: Sat Feb 07, 2015 4:42 pm
The 11% of the amount paid to creditors equals 10% of the money paid in by the debtor. Hence if $100,000 is being paid to the creditors the chapter 13 trustee's fee is $11,111.11 which is 10% of the $111,111.10 paid through the plan by the debtor.
Mark Jessee
Sent from my iPhone
> On Feb 7, 2015, at 12:28 PM, Nicholas Gebelt ngebelt@gebeltlaw.com [cdcbaa] wrote:
>
> Dear Mark,
>
>
> I have wondered how the 11% Chapter 13 Trustee fee can be reconciled with
> 28 U.S.C. 586(e)(B)(i), which puts a ten percent maximum on Chapter 13 Trustee fees. I haven't made an issue of it because I don't want to alienate the people with whom I regularly work, but do note that the statute must take precedence over any local rules.
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> I once used the ten percent statutory value in calculating the Chapter 13 Trustee fee portion of the payout in a motion to modify - I included the statutory reference in the motion - without getting an objection.
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> It is unclear to me why the 11% value is used in spite of the statutory provision.
>
>
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> All the best,
>
>
>
> Nick
>
>
>
> Nicholas Gebelt
>
> Nicholas Gebelt, Ph.D., J.D.
> Attorney at Law
> Certified Bankruptcy Law Specialist
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> Sent: Friday, February 06, 2015 4:02 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Current percentage for compensation of Chapter 13 Trustees
>
>
> Vernon,
>
> The local chapter 13 form plan always has us factor 11% for the chapter 13 trustee compensation. Each chapter 13 trustee's percentage for compensation is different and dependent on dollar amounts received from debtors. It fluctuates because there's a maximum That the chapter 13 trustee and earn in any given year.
> this conveniently leaves a little cushion that can be applied towards debtor' attorneys extraordinary fees.
>
> Mark Jessee
>
> Sent from my iPhone
>
> On Feb 6, 2015, at 1:32 PM, 'Vernon L. Ellicott, Esq.' vle@vlelaw.com [cdcbaa] wrote:
>
>>
>> Are you talking about the percentage that the trustee takes on chapter 13 plans, or their personal compensation?
>>
>>
>>
>> Vernon L. Ellicott, Esq.
>>
>> Certified Family Law Specialist
>>
>> California State Bar Board of Legal Specialization
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>> A bad day on the bike is better than a good day on the golf course!
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>> Sent: Friday, February 06, 2015 1:16 PM
>> To: cdcbaa@yahoogroups.com
>> Subject: Re: [cdcbaa] Current percentage for compensation of Chapter 13 Trustees
>>
>>
>>
>> I believe that it is about 4.5%.
>>
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>> -----Original Message-----
oups.com>
>> To: cdcbaa
>> Sent: Fri, Feb 6, 2015 1:08 pm
>> Subject: RE: [cdcbaa] Current percentage for compensation of Chapter 13 Trustees
>>
>>
>>
>> Has it changed recently? If not, it is 11%
>>
>>
>>
>> Vernon L. Ellicott, Esq.
>>
>> Certified Family Law Specialist
>>
>> California State Bar Board of Legal Specialization
>>
>> Family Law, Bankruptcy, and Estate Planning
>>
>> Law Offices of Vernon L. Ellicott
>>
>> 325 E. Hillcrest Drive, Suite 150 23929 Valencia Blvd., Suite 411
>>
>> Thousand Oaks, CA 91360-7799 Valencia, CA 91355
>>
>> (805) 446-6262 (661) 222-2922
>>
>> (805) 446-6264 Fax
>>
>>
>>
>>
>>
>> This e-mail transmission and any documents, files, or previous e-mail messages attached to it, may contain confidential information from the LAW OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you received this transmission in error, please immediately notify us by reply e-mail, or by telephone at (805) 446-6262, and destroy the original transmission and its attachments and all copies of any kind, without reading them or saving them in any way. Thank you.
>>
>>
>>
>> A bad day on the bike is better than a good day on the golf course!
>>
>>
>>
>>
>>
>> Sent: Friday, February 06, 2015 12:18 PM
>> To: cdcbaa@yahoogroups.com
>> Subject: [cdcbaa] Current percentage for compensation of Chapter 13 Trustees
>>
>>
>>
>>
>>
>> Would anybody happen to know the exact percentage to which Chapter 13 Trustees are entitled right now?
>>
>>
>>
>> --
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>
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;
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