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Legal Opinion

In Re Hages

United States Bankruptcy Court, N.D. California

Decided September 5, 2000No. 19-30103PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM DECISION

DENNIS MONTALI, Bankruptcy Judge.

I. Introduction

The former chapter 7 trustee, who served before this case was converted to chapter 13, has applied for allowance of her fees. The United States Trustee (“UST”) has objected on the grounds that Bankruptcy Code section 326(c) bars such fees to the extent that, when they are combined with the fees payable to the chapter 13 trustee, the total exceeds the maximum allowable under section 326(a). 1 Under the UST’s reading of the statute, in a converted case a chapter 7 trustee could receive little or nothing while the chapter 13…

2Cases cited33 opinions

  1. Dewsnup v. TimmSupreme Court of the United States · 1992
  2. Mastro Plastics Corp. v. National Labor Relations BoardSupreme Court of the United States · 1956
  3. United States v. Heirs of BoisdoréSupreme Court of the United States · 1849
  4. In Re: Nadine F. Eilbert, Debtor. Nadine F. Eilbert v. David Dennis Pelican Anita L. ShodeenCourt of Appeals for the Eighth Circuit · 1998
  5. Southwestern Media, Inc. v. Albert M. Rau and Henry JacobowitzCourt of Appeals for the Ninth Circuit · 1983

28 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. In Re SilvusUnited States Bankruptcy Court, E.D. Virginia · 2005
  2. In Re DeLashUnited States Bankruptcy Court, E.D. California · 2000
  3. In Re MurphyUnited States Bankruptcy Court, D. Colorado · 2002
  4. In Re EvansUnited States Bankruptcy Court, W.D. Virginia · 2004
  5. In Re KuhnUnited States Bankruptcy Court, N.D. Indiana · 2006

7 more not listed; retrieve them via the Exa API.

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