The Debtor argues in the Motion that if this case is dismissed before the attorney fees of the Debtor’s attorney are allowed and paid by the Trustee, the Trustee thereafter cannot pay the allowed attorney fees, but instead must pay all the funds on hand back to the Debtor. For this proposition, the Debtor cites Harris v.Viegelahn, 135 S. Ct. 1829 (2015).
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In light of how many Chapter 13 cases are dismissed prior to confirmation it only makes sense the attorney be paid for the work and expenses incurred during the case prior to dismissal. In addition, since almost all the work of an attorney on a Chapter 13 case is done prior to dismissal there is no reason that attorney shouldn’t receive his/her rightful compensation.