Samuel Morreale v. United States Bankruptcy Court for the District of Colorado

NUGENT, Chief Judge.

11 U.S.C. § 326 (a) 1 limits the maximum commission to be paid to a Chapter 7 trustee to a percentage of the moneys disbursed or turned over "in the case." 2 Appellee Morreale's individual Chapter 7 trustee asked to be paid commissions based on his disbursements, not only in Morreale's individual Chapter 7 case, but also in Morreale's single-member limited liability company's Chapter 11 case. The parties agreed that the only legal issue was whether the Chapter 11 disbursements had been made "in the [Chapter 7] case" 3 and could be included in the commission base before…