- 11 U.S.C.
In re McMaster
Oct
17
2008
Ruling
Attorneys'fees for chapter 11 trustee and attorney for chapter 11 trustee allowed as justified and reasonable.
Procedural posture
A debtor objected to an application for fees and expenses incurred by an attorney for the chapter 11 trustee and for compensation for the chapter 11 trustee.
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Court
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- 11 U.S.C.
In re Owens
Sep
15
2008
Ruling
Maximum allowable compensation for trustee was unreasonable where sale of major asset resulted in loss to detriment of unsecured creditors.
Procedural posture
The United States Trustee (UST) objected to the application filed by a chapter 7 trustee, seeking the maximum amount of compensation allowed by 11 U.S.C.S. § 326.
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Court
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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
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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
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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
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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
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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
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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
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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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In re Clemens
Aug
22
2006
Ruling
Trustee's fees were still subject to Lodestar analysis in addition to 326(a) formula provided by BAPCPA.
Procedural posture
Chapter 7 trustee sought the payment of his fees pursuant to 11 U.S.C. § 326.
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Court
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