IN RE BUSETTA-SILVIA

BAP No. NM-03-087. Bankruptcy No. 13-02-17194-SA.

314 B.R. 218 (2004)

In re Diana BUSETTA-SILVIA, formerly known as Diana Ainsworth, Debtor. Diana Busetta-Silvia, and Kelley L. Skehen, Trustee, Appellants.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

September 8, 2004.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Michael K. Daniels, Albuquerque, New Mexico, for Appellant Diana Busetta-Silvia.

Before MICHAEL, McNIFF, and THURMAN, Bankruptcy Judges.


OPINION

MICHAEL, Bankruptcy Judge.

In a case of first impression within our circuit, we are asked to decide whether counsel for Chapter 13 debtors have the right to be paid under the terms of a Chapter 13 plan for services performed prepetition. The bankruptcy court ruled that such services must be paid for in full prior to the filing of the case or be treated like any other prepetition unsecured claim.1 We reverse and remand...

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