All three courts to confront the question have now ordered the government to refund overpayments of U.S. Trustee fees.
Feb 2023
Although deposed as debtor in possession, the Subchapter V debtor retains the sole power to file a chapter 11 plan.
Bankruptcy Judge Robert Mark used common sense and logic to answer a question where the statute has no ready answer.
Joining the ‘slight minority,’ Judge Fenimore rules that post-petition appreciation in the value of a homestead goes to the chapter 7 estate when the chapter 13 case converts.