Skip to main content
Home

Main navigation

  • NC Bankruptcy Cases
    • Eastern District
    • Middle District
    • Western District
  • NC Courts
    • 4th Circuit Court of Appeals
    • NC Court of Appeals
    • NC Business Court
    • NC Supreme Court Cases
  • Federal Cases
  • Law Reviews & Studies
    • Book Reviews
  • NC Legislative History
  • Student Loan Debt
User account menu
  • Log in

Breadcrumb

  1. Home
  2. Blogs

Bankr. M.D.N.C.: In re Lucero- Payment of Administrative Expenses Following Conversion from Chapter 13 to Chapter 7

Profile picture for user Ed Boltz
By Ed Boltz, 24 November, 2015
Summary: The Court held that Harris v. Viegelahn, 575 U.S. ___, 135 S. Ct. 1829, 191 L.E. 2d 783 (2015) did not prevent a Chapter 13 trustee from paying administrative expenses funds held by the following conversion of the case to Chapter 7 pursuant to 11 U.S.C. § 1326(a)(2) and Bankruptcy Rule of Federal Procedure Rule 1019. Commentary: Attached to the application for fees was an affidavit from the debtor stating that she understood that the funds on hand could be returned to her but that she nonetheless wanted those funds sent to the her attorney. This makes it unclear whether the debtor's attorney could compel the chapter 13 trustee to release funds to her in the face of an objection from the debtor. Additionally, this order does not address Rule of Professional Conduct 1.8, which prohibits, among other things, an attorney from taking a "pecuniary interest directly adverse to a client" unless such is reasonable, in writing, and the client has been advised in writing of the advisability of seeking and given a reasonable opportunity to obtain independent legal counsel regarding the transaction. These requirements are meant to provide additional protection for clients, and while other additional protections are in place due to the bankruptcy court supervision, it would seem advisable to comply with these requirements also. See  also:  In re Pace For a copy of the opinion, please see: Lucero- Payment of Administrative Expenses Following Conversion from Chapter 13 to Chapter 7

Blog comments

Blog tags
conversion
attorneys' fees
Category
North Carolina Bankruptcy Cases
Middle District

About Us

Mountain View The purpose of the NC Bankruptcy Expert blog is to provide legal professionals with a consolidated resource for updates and case summaries about issues and decisions affecting bankruptcy, foreclosures, mortgages, and debt collection.

 
Lawyer Edward Boltz | Top Attorney Chapter 7

NC Bankruptcy Expert FREE Consultation

We Offer A Free Bankruptcy Consultation which has helped over 70,000 North Carolina families. We serve the entire state of North Carolina.

Proud Member of:












Categories

  • 4th Circuit Court of Appeals
  • Book Reviews
  • District Courts
  • Eastern District
  • Ed Boltz: Bankruptcy Attorney
  • Federal Cases
  • Forms
  • Home
  • Law Reviews & Studies
  • Middle District
  • Mortgage Modification Mediation Documents
  • NC Business Court
  • NC Court of Appeals
  • NC Courts
  • NC Supreme Court Cases
  • News
  • North Carolina Bankruptcy Cases
  • North Carolina District Court Cases
  • North Carolina Exemptions Legislative History
  • Student Loan Debt
  • Student Loan Options and Chapter 13 Bankruptcy
  • Western District
RSS feed
v. 1.2.2, © 2013-2025 ncbankruptcyexpert.com, all rights reserved. Follow @edboltz