In Re Crager

691 F.3d 671 (5th Cir. 2012)

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Nature of the Case

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Facts

P is unemployed, and her main source of income is $1,060 per month in Social Security benefits plus $16 per month in food stamps. Her primary residence is valued at $55,000 and encumbered by a $40,662 mortgage. Her mortgage payments are $327.10 per month. She also has $7,855.27 in credit card debt; her minimum monthly payments total $197. In early 2010, P learned that if she continued making the minimum payments on her credit cards, it would take her 17 to 20 years to pay off her balances. P was concerned that filing Chapter 7 would prevent her from declaring bankruptcy again for a longer period than would Chapter 13, and she believed that a Chapter 7 bankruptcy would stay on her credit report longer. P filed Chapter 13, with her attorney advancing the court costs of $274. The bankruptcy court overruled D’s objection to the plan which awarded $2,800 in attorney’s fees to P’s attorney which was almost all the money to be paid in bankruptcy. The district court reversed. P appealed.