United States First Circuit

In a challenge to an award of fees to the debtor's attorney in a "fee only" Chapter 13 bankruptcy case that left nothing available for distribution to general creditors after payment of the attorney and trustee, the First Circuit holds that there is no blanket rule that "fee-only" Chapter 13 plans are per se submitted in bad faith, but rather there may be relatively rare special circumstances in which a "fee only" filing is justified, so the case is remanded for the bankruptcy court to consider the totality of the circumstances when measuring whether the Chapter 13 plan was presented in good faith.

Appellate Information

• Decided 03/22/2012
• Published 03/22/2012

Judges

• Selya

Court

• United States First Circuit

Counsel

• For Appellant:
  
• L. Jed Berliner, Lynne F. Riley