Legal Opinion

United States v. Phoenix Group, Inc. (In Re Phoenix Group, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 13, 1986No. BAP AZ-85-1521-MeAsE, Bankruptcy No. B-81-3030-PHX-RGMPublishedCited by 2 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

This appeal raises the question of what filing fee is to be charged a debtor in possession for filing an adversary proceeding. The trial court held that the fee schedule limits such fees to the amount of money actually recovered by the debtor in possession. We REVERSE.

II

FACTS

In connection with its Chapter 11 proceeding, the debtor in possession, the Phoenix Group, Inc., filed 243 adversary proceedings seeking to recover approximately $200,000 in overdue accounts receivable. However, the Debtor recovered a total of $11,500 from these proceedings and netted only…

2Cases cited4 opinions

  1. Bankr. L. Rep. P 70,524 in Re Cloyd W. Devers and Barbara Devers, Debtors. Cloyd W. Devers and Barbara Devers v. Bank of Sheridan, MontanaCourt of Appeals for the Ninth Circuit · 1985
  2. United States v. Friendship College, Inc., in Re Friendship College, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1984
  3. Pacific Mutual Life Insurance Company v. American Guaranty Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1984
  4. In Re MullinsUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1980

3Cited by2 opinions

  1. Flying "S" Land & Cattle Co. v. Beaumont (In Re Flying "S" Land & Cattle Co.)United States Bankruptcy Court, D. Nevada · 1987
  2. Jacoway v. Brassart (In re Brassart)United States Bankruptcy Court, W.D. Arkansas · 2014

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