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Opinion 410

Case Name: 

In re Amos

Judge: 
Judge Boulden
Date: 
Feb-16-2000
Case Number(s): 
98B-32761
Status: 

UNPUBLISHED

Body: 

"Gap period" attorneys fees incurred after the filing of a chapter 13 petition but before conversion to chapter 7 which are not allowed under §330(a)(4)(B) will not be allowed under §503(b)(1)(A). Applications for allowance of administrative expenses filed prior to conversion to chapter 7 are timely pursuant to Fed R. Bankr. P. 1019(c), and, to the extent allowed by the court, should be paid by the chapter 13 trustee from available §1306(a)(2) funds. If there are more allowed chapter 13 administrative claims than available §1306(a)(2) funds, the allowed §503(b)(2) administrative claims should be prorated and paid from §541 property after chapter 7 administrative expenses pursuant to §726.Procedure change : Parties seeking allowance of any chapter 13 administrative expense must timely file a request for payment of the administrative expense prior to conversion to chapter 7 and have that request resolved by a final order, or other order extending the period, within sixty days of the conversion, or the administrative expense claim will be deemed waived by the applicant.

Internal Ref: 
Opinion 410
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