In re Virgin Offshore U.S.A. Inc.
Jan
26
2015
Ruling
Chapter 11 trustee could not be presumed to be entitled to maximum statutory compensation.
Issue(s)
Was the chapter 11 trustee entitled to maximum statutory compensation?
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Court
:
Tamm v. United States Trustee (In re Hokulani Square Inc.)
Jan
26
2015
Ruling
Trustee could not collect fees on a credit bid in which trustee only distributed estate property.
Issue(s)
Whether the trustee's compensation may reflect the value of a credit bid?
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Court
:
Judge or Jurisdiction information not available
In re Virgin Offshore U.S.A. Inc.
Jan
26
2015
Ruling
Chapter 11 trustee could not be presumed to be entitled to maximum statutory compensation.
Issue(s)
Was the chapter 11 trustee entitled to maximum statutory compensation?
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Court
:
In re Eidson
Oct
24
2012
Ruling
Trustee not entitled to commission on proceeds from sale of property distributed to non- debtor spouse.
Procedural posture
The chapter 7 trustee sought approval of his final report. Debtor and his non-debtor wife, filed objections. At issue was whether the trustee was entitled to a commission, under 11 U.S.C.S. § 326(a), on proceeds that were distributed to the debtor's wife for her interest in property that the trustee sold pursuant to 11 U.S.C.S. § 363(h).
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Court
:
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
:
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
:
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
:
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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