In Re Yale Mining Corp.

MEMORANDUM OPINION

H. CLYDE PEARSON, Bankruptcy Judge.

This matter is before the Court upon motion of the Chapter 7 Trustee to fix commissions and expenses.

The issue before the Court is whether the fees awarded to the preceding Chapter 11 Trustee must be considered and taken into account in fixing the fees of the Chapter 7 Trustee under 11 U.S.C. § 326 when the case has been converted from a case under Chapter 11 to a case under Chapter 7.

Briefly stated, the facts are as follows. The Debtor, Yale Mining Corporation, filed its Chapter 11 petition in this Court and, thereafter, this Court entered…