In re Runnels Broad. Sys. LLC
Dec
01
2009
Ruling
Debtor's lawyer from prior chapter 11 case lacked standing to object to chapter 7 trustee's final report.
Procedural posture
Before the court was the chapter 7 Trustee's Final Report (TFR) and application for compensation in the amount of $ 81,976 pursuant to 11 U.S.C.S. § 326(a). A law firm that previously represented the debtor in its chapter 11 case (chapter 11 law firm) filed an objection to the TFR and application for compensation.
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Court
:
In re Kile
Jun
11
2009
Ruling
Trustee allowed maximum fee for non-routine work in case that lasted several years.
Procedural posture
A chapter 7 bankruptcy trustee filed a notice of proposed distribution and an application for compensation. The trustee requested the maximum allowable fee under 11 U.S.C.S. § 326(a), in the sum of $ 13,740.66, and reimbursement of $ 240.64 in costs. In response, the debtor filed objections to the trustee's request for compensation and for distribution. The trustee replied. A hearing was held on the matters.
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Court
:
In re Codr
Oct
22
2008
Ruling
Chapter 7 trustee's fees awarded in reduced amount due to inadequate time records.
Procedural posture
A successor chapter 7 trustee filed a Final Accounting in which he proposed payment to the trustees in the maximum amount allowed under 11 U.S.C.S. § 326(a). The former chapter 7 trustee requested compensation for her services.
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Court
:
In re Phillips
Aug
11
2008
Ruling
Trustee's fees awarded in reduced amounts on reasonablenes grounds.
Procedural posture
The chapter 7 trustee in two cases before the court filed applications for final compensation, seeking $ 40,325.94 in compensation in the first case and $ 41,997.75 in the second case, representing the maximum compensation allowable under 11 U.S.C.S. §§ 326(a) and 330(a)(7), based on an award of a 5 percent "commission" on the top portion of the respective estate assets.
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Court
:
In re Hilal
Jul
08
2008
Ruling
Confirmation order that relased chapter 11 debtor trustee from liability for negligence and breach of fiduciary duty affirmed.
Procedural posture
Appellant debtor sought review of a decision from the United States District Court for the Southern District of Texas, which dismissed, as equitably moot, the debtor's appeal of a plan confirmation order that, inter alia, released the debtor's chapter 11 bankruptcy trustee for liability for negligence and breach of fiduciary duty and compensated the trustee on a percentage basis pursuant to 11 U.S.C.S. § 326(a).
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Court
:
Judge or Jurisdiction information not available
In re Circle Investors Inc.
Apr
03
2008
Ruling
Disbursement to party in interest as part of settlement could be included in trustee's disbursement base.
Procedural posture
The trustee filed an amended application and supplemented first application for interim compensation for work completed in debtors' bankruptcy case (case no. 02-39553). A creditor objected. The court authorized interim trustee compensation based on disbursements other than two disbursements and in the amount of $ 151,868. It deferred ruling as to the two disbursements until further briefing, and pending was a decision as to the two disbursements.
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Court
:
In re McKinney
Mar
03
2008
Ruling
Trustee not allowed maximum compensation where substantially disporportionate to value of serviced performed.
Procedural posture
A debtor objected to the chapter 7 trustee's application for the maximum compensation permitted under 11 U.S.C.S. § 326(a) on the ground that the fees were disproportionate to the work required.
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Court
:
In re Kabia
Dec
04
2007
Ruling
Cash payments to secured creditors properly considered in calculation of trustee's compensation.
Procedural posture
A chapter 7 debtor objected to the trustee's final report and proposed distribution to creditors, asserting that the payments to the secured creditors should not be considered in the calculations of the trustee's compensation under 11 U.S.C. § 326(a).
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Court
:
In re McKinney
Aug
27
2007
Ruling
Court could require trustee to submit records to support application for "reasonable" fee.
Procedural posture
A debtor filed a petition under chapter 13. A chapter 13 trustee filed objections to the debtor's plan for repaying his creditors, and the court converted the case to one under chapter 7. Applicant chapter 7 trustee was appointed to manage the bankruptcy estate, and she filed an application for compensation after the debtor's creditors were paid. The debtor filed an objection to the application.
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Court
:
In re American Canadian Investments Inc.
Nov
01
2006
Ruling
Credit bid could not be included in calculation of trustee's compensation.
Procedural posture
A chapter 7 trustee requested approval of $64,878 as compensation. The U.S. Trustee objected to the application, arguing that the trustee was only entitled to $12,631 because a credit bid could not be included in the calculation of the trustee's compensation under 11 U.S.C. § 326(a).
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Court
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