Notice to the Bar Regarding Attorneys Fees in Dismissed Cases

DISMISSED PRIOR TO CONFIRMATION funds on hand shall be sent to debtors care of their counsel of record. Under certain circumstances, however, in the standing trustee’s discretion, such funds may be sent directly to the debtors.  Counsel are expected to handle such funds in accordance with their obligations to their clients and under the bankruptcy code.  This policy is not intended to alter any established procedures with respect to court’s retention of jurisdiction over fee applications in cases in which counsel intend to be paid from such funds.

DISMISSED AFTER CONFIRMATION any undisbursed funds held by the Chapter 13 Trustee from payments made on account of the Debtor’s plan shall be refunded to the Debtor unless a party in interest files a Motion for Alternative Disbursement within 21 days of the entry of this Order.

In cases where a Supplemental Fee Application is to be filed, the Application must be filed within 10 days of the dismissal hearing date and the proposed Order must specifically authorize the Standing Trustee to pay all, or a portion of the fee award, from the funds held by the Standing Trustee.

DISMISSED PRIOR TO CONFIRMATION funds on hand shall be sent to debtors care of their counsel of record. Under certain circumstances, however, in the standing trustee’s discretion, such funds may be sent directly to the debtors.  Counsel are expected to handle such funds in accordance with their obligations to their clients and under the bankruptcy code.  This policy is not intended to alter any established procedures with respect to court’s retention of jurisdiction over fee applications in cases in which counsel intend to be paid from such funds.

DISMISSED AFTER CONFIRMATION any undisbursed funds held by the Chapter 13 Trustee from payments made on account of the Debtor’s plan shall be refunded to the Debtor unless a party in interest files a Motion for Alternative Disbursement within 21 days of the entry of this Order.

In cases where a Supplemental Fee Application is to be filed, the Application must be filed within 10 days of the dismissal hearing date and the proposed Order must specifically authorize the Standing Trustee to pay all, or a portion of the fee award, from the funds held by the Standing Trustee.