Chapter 13 Liquidation Analysis-- Do full Chapter 7 Trustee's Fees in
Posted: Wed Mar 16, 2016 9:08 am
Dear Chapter 13 Debtor's attorneys;
I'm getting push back from a Chapter 13 Trustee on using the Chapter 7 Trustee's fees as a deduction (which I include along with exemptions and cost of sale) in the liquidation analysis required under the "best efforts" requirement of 11 U.S.C. 1325.
In my case they are substantial, in that Chapter 7 Trustees also get the statutory amount under 11 U.S.C. 326(a) for secured as well as unsecured debt. In my case that's a $36,000 deduction.
The Trustee is citing in re Lopez, and the case is completely off point.
I'm about to contest this and before I start tilting at windmills, I'm wondering about the opinion of my colleagues who tread in the swamps of Chapter 13. Initially at least I'm having trouble finding case law to support my position.
Am I correct that I can deduct Chapter 7 Trustee fees?
Steve
Law Offices of Steven B. Lever
Steven B. Lever
* Tel. (562) 436-5456 ext. 1
* Fax (562) 485-6886
* sblever@leverlaw.com
www.leverlaw.com
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Dear Chapter 13 Debtor’s attorneys;
I’m getting push back from a Chapter 13 Trustee on using the Chapter 7 Trustee’s fees as a deduction (which I include along with exemptions and cost of sale) in the liquidation
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