United States Court of Appeals for the Fifth Circuit
691 F.3d 671 (2012)
Patricia Crager (defendant) was unemployed. Crager’s main source of income was $1,060 per month in Social Security payments. Crager’s residence was valued at $55,000 and had a $40,000 mortgage, and she also had $7,000 in credit-card debt. Crager filed for chapter 13 bankruptcy. Crager chose to file for chapter 13 bankruptcy rather than chapter 7 bankruptcy, because she was concerned that she might have to file for bankruptcy again in the future and believed that filing for chapter 7 would prevent her from filing for bankruptcy again for a longer period. The bankruptcy trustee objected to the confirmation of Crager’s plan and argued that the petition and plan were not made in good faith. The trustee also argued that the attorney’s fees were unreasonable, as they amounted to almost the full amount paid to the trustee. The bankruptcy court overruled the trustee’s objection, approved the chapter 13 plan, and awarded $2,800 in attorney’s fees to Crager’s attorney. The trustee appealed, and the district court reversed the confirmation of the plan and ordered the bankruptcy court to find on remand that the plan was filed in bad faith. Crager appealed.
Rule of Law
Holding and Reasoning (Higginbotham, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.