Benchnotes July 2017
Journal Issue:
After Chapter 13 Dismissal, Counsel Fees Aren’t Paid
Harris v. Viegelahn extended from chapter 13 conversions to dismissals.
Split Grows on Unanticipated Circumstances to Modify a Chapter 13 Plan
Georgia judge follows the majority by more liberally allowing a chapter 13 plan modification.
Judge Splits with his BAP and Allows ‘Substantial Contribution’ Claim in Chapter 7
Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.
Fee Application After Completion of Plan Payments Comes Too Late
Fees awarded after discharge are wiped out like everything else.
Supreme Court Reverses Jevic, Bars Structured Dismissals that Violate Priority Rules
Jevic opinion continues to permit first-day wage and critical vendor orders, although its effect on gift plans is debatable.
Court:
Courts Divided on Electric Service as ‘Goods’ Under Section 503(b)(9)
Judge relies on physics in ruling that electricity qualifies as ‘goods.’
Court: