Siskin v. Geltzer (In re Siskin)
Jun
20
2012
Ruling
Trustee's fee award affirmed as representing reasonable and necessary work.
Procedural posture
Debtor challenged a decision of the United States Bankruptcy Court for the Southern District of New York, which awarded the compensation and expenses sought by trustee and his professional agents.
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Court
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In re Mohsen
Jun
13
2012
Ruling
Fee application for professional hired by trustee approved over objection with reduction for duplicative or unnecessary work.
Procedural posture
Debtor declared chapter 11 bankruptcy, and the court subsequently converted the debtor's case to one under chapter 7 of the Bankruptcy Code and appointed a chapter 7 trustee. The trustee obtained permission to hire a law firm and an accounting firm, and the trustee, the law firm, and the accounting firm submitted applications for payment of fees and expenses. The debtor and his former attorney filed objections to the applications.
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Court
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In re BLX Group Inc.
Mar
08
2012
Ruling
Chapter 11 trustee's fee application could not include secured creditor's credit bids.
Procedural posture
Petitioning creditors filed an involuntary chapter 11 bankruptcy petition against debtor corporation in September 2009, and the court entered an order for relief and appointed a chapter 11 trustee. The trustee filed a final application seeking fees and expenses in the amount of $730,000 for the period October 29, 2009, through October 25, 2011, pursuant to 11 U.S.C.S. § 326(a). The application was unopposed.
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Court
:
- 11 U.S.C.
In re B&B Autotransfusion Servs.
Jan
18
2011
Ruling
Trustee's compensation allowed in greatly reduced amount where request was substantially disproportionate to value of services rendered.
Procedural posture
Chapter 7 trustee sought allowance of compensation of $ 35,000 under 11 U.S.C.S. § 326 and § 330 in conjunction with the trustee's final report. Creditors timely objected to the application for compensation.
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Court
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In re C&D Dock Works Inc.
Oct
19
2010
Ruling
Trustee in no asset case who pursued claim against insurance carrier for coverage of personal injury claim and achieved settlement was entitled to maximum compensation.
Procedural posture
Chapter 7 trustee applied for a commission of $473,250 and costs in connection with his handling of a chapter 7 estate. At issue was whether the commission requested by the trustee was "reasonable" within the meaning of 11 U.S.C.S. § 326(a).
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Court
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In re Healy
Sep
16
2010
Ruling
Trustee not entitled to maximum compensation in routine cases, regardless of amount of recovery.
Procedural posture
In each of three Chapter 7 cases, in connection with his final accountings, the trustee applied for approval of his compensation seeking the maximum amount allowed under 11 U.S.C.S. § 326(a) based upon the respective amounts to be distributed to creditors.
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Court
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In re Lorenzen
Jun
09
2010
Ruling
Trustee could not expand compensation limits by hiring professionals and utilizing broader scope of §330.
Procedural posture
Before the court was a request of an applicant, law firm for the chapter 7 trustee, for allowance and payment of final compensation and reimbursement of expenses. The firm requested fees of $ 2,412.50 but no costs.
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Court
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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
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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
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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
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