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§ 1930(a)

Richards, In re

Ruling
Court held that the term "disbursement" should be interpreted to the broadest possible scope to include all debtor payments. (Bankr. S.D. W. Va.)
Issue(s)
Bankruptcy Fees; Filing Fees; Chapter 11 Quarterly Fee.

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Consumer opinion summary, case decided on June 23, 2017 , LexisNexis #0717-116

In re Barbetta LLC

Ruling
Debtor required to resume payment of quarterly fees in reopened case.
Issue(s)
Should reopened chapter 11 case be dismissed, converted to chapter 7 or should other sanctions be imposed for the debtor's failure to pay quarterly fees?

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Commercial opinion summary, case decided on July 23, 2014 , LexisNexis #0814-103

In re R&K Fabricating Inc.

Ruling
United States Trustee's quarterly fees increased as a result of necessary litigation could be charged against resulting distribution to creditors.
Issue(s)
Should U.S. Trustee's quarterly fee be increased due to litigation that resulted in returns to creditors and could the quarterly fees be charged against distribution to creditors .

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Commercial opinion summary, case decided on September 30, 2013 , LexisNexis #1013-139

In re WM Six Forks LLC

Ruling
Credit bid was a disbursement properly included in calculation of U.S. Trustee's quarterly fee.
Issue(s)
Whether a credit bid, exercised by a secured creditor under 11 U.S.C.S. § 363(k), was considered a "disbursement" for purposes of calculating the quarterly fee due to the U. S.s Trustee under 28 U.S.C.S. § 1930(a)(6).

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Commercial opinion summary, case decided on September 23, 2013 , LexisNexis #1013-065

In re Sunset Profl Park LLC

Ruling
All payments under confirmed plan, including to equity holders, properly included in calculation of U.S. Trustee's fees.
Issue(s)
Does proper calculation of U.S. Trustee's fee include payments to equity holders.

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Commercial opinion summary, case decided on August 22, 2013 , LexisNexis #0913-137

In re Hale

Ruling
Acquisition of secured claims by debtor-in-possession financer did not amount to a disbursement that would trigger a quarterly fee.
Procedural posture

Before the court was a contested matter (the "Motion") filed by the U.S. Trustee (UST) to compel the payment of quarterly fees by the Chapter 11 debtor. It was brought in conjunction with debtor's motion to confirm a Chapter 11 plan.

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Consumer opinion summary, case decided on September 13, 2010 , LexisNexis #1010-068

In re Kentucky Processing Co.

Ruling
No quarterly fees were owed for periods in which no distribution was made by debtor.
Procedural posture

The debtor filed for relief under chapter 11 of the Bankruptcy Code. The United States trustee contended that the debtors owed fees to the trustee calculated pursuant to 28 U.S.C.S. § 1930(a)(6).

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Commercial opinion summary, case decided on June 30, 2009 , LexisNexis #0809-105

In re Haven Eldercare LLC

Ruling
Debtor-in-possession enders were not liable for quarterly chapter 11 fees where not provided for in financing order.
Procedural posture

The trustee filed a motion to compel the payment by chapter 11 debtors and certain of the debtors'lenders of quarterly fees pursuant to 28 U.S.C.S. § 1930(a)(6).

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Commercial opinion summary, case decided on October 17, 2008 , LexisNexis #0109-095

In re Sgaverdea

Ruling
Quarterly fees for small business debtor were to be calculated based on disbursements regardless of source, including ordinary business expenses.
Procedural posture

In connection with confirmation proceedings relative to a plan proposed by debtor, an individual who had filed a small business chapter 11 bankruptcy, debtor and the U.S. Trustee sought a ruling from the court as to whether fees owed to the trustee post-confirmation under 28 U.S.C. § 1930(a)(6) were to be calculated as a percentage of all of debtor's disbursements.

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Commercial opinion summary, case decided on October 23, 2007 , LexisNexis #1107-125