Court Finds Creditor’s Objections to Chapter 13 Debtor’s Attorney’s Fees Meritless and Nearly Sanctionable

Court Finds Creditor’s Objections to Chapter 13 Debtor’s Attorney’s Fees Meritless and Nearly Sanctionable

This decision addresses the latest skirmish in what seems to be a never-ending war between chapter 13 Debtor, and the attorney for one of her creditors (“Smith”).

The sum and substance of these “status” submissions is that Debtor, Smith, and Trustee continue to litigate with one another in the Idaho Supreme Court, state probate court, and this bankruptcy case, like cats and dogs, with Smith insisting that Debtor’s claims against him are spurious (despite the state court judgments), and Trustee and Debtor urging that they ought be allowed to collect the judgments from the probate estate and use the funds to pay off Debtor’s legitimate creditors’ claims (ironically, including Creditor’s claim), in this bankruptcy case. Of course, in the process, all parties continue to incur attorneys fees and costs. And when Debtor’s attorney asks this Court to approve payments for his services rendered to Debtor for litigating with Smith, Creditor/Smith interpose largely irrelevant and otherwise meritless objections, which French must then defend.

Log In to READ MORE

Please note, in order to view NACBA Member Content, you must sign in and then visit NEWS. If you are not a NACBA member, you may Become a NACBA Member 

No Comments

Post a Comment