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MATTER OF EVANS

No. 22-35216.

69 F.4th 1101 (2023)

In the MATTER OF: Roger A. EVANS; Lori A. Steedman, Debtors, Roger A. Evans; Lori A. Steedman, Appellants, v. Kathleen A. McCallister, Chapter 13 Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 12, 2023.

Attorney(s) appearing for the Case

Alexandra O. Caval (argued), Caval Law Office P.C., Twin Falls, Idaho, for Appellants.

Mahesha Subbaraman (argued), Subbaraman PLLC, Minneapolis, Minnesota; Jeffrey P. Kaufman , Office of Kathleen McCallister, Meridian, Idaho; for Appellee.

Tara Twomey , National Consumer Bankruptcy Rights Center, San Jose, California; Matthew D. Resnik , RHM Law LLP, Encino, California; for Amici Curiae National Consumer Bankruptcy Rights Center and National Association of Consumer Bankruptcy Attorneys.

Henry E. Hildebrand III , Office of the Chapter 13 Trustee, Nashville, Tennessee, for Amicus Curiae the National Association of Chapter Thirteen Trustees.

Before: MILAN D. SMITH, JR., DANIELLE J. FORREST, and JENNIFER SUNG, Circuit Judges.

OPINION

In this case we decide whether a standing trustee in a Chapter 13 bankruptcy is paid her percentage fee when a case is dismissed prior to confirmation. For the reasons explained in this opinion, we join the Tenth Circuit in holding that she is not.

STATUTORY FRAMEWORK

Chapter 13 bankruptcies...

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