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United States Dept of Labor v. Kirschenbaum

Mar
31
2014
Ruling
Bankruptcy court lacked jurisdiction in ordering payment of fees incurred by trustee in acting as ERISA plan administrator from the ERISA plan's assets.
Issue(s)
Did the bankruptcy court err in authorizing the payment of fees to the chapter 7 trustee and his retained professionals from the assets of an employee benefit plan?

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Consumer opinion summary, case decided on March 31, 2014 , LexisNexis #0714-062
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Wallach v. Kirschenbaum

Jun
16
2011
Ruling
Prospective purchaser lacked standing to appeal withdrawal of trustee's motion for sale of debtor's assets.
Procedural posture

Appellant, the prospective purchaser of an asset of Chapter 7 debtors, challenged a decision of the U.S. Bankruptcy Court for the Eastern District of New York, which approved the application of appellee Chapter 7 trustee to withdraw his motion for authorization to sell the asset to the purchaser. The trustee moved to dismiss the appeal.

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Consumer opinion summary, case decided on June 16, 2011 , LexisNexis #0711-040
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