In Re Juhl Enterprises, Inc., D/B/A Juhl Marine. Wesley B. Huisinga, United States Trustee v. David O. Carter and Rick A. Yarnall

MAGILL, Circuit Judge.

Wesley B. Huisinga, the United States Trustee in this bankruptcy case, appeals from the district court’s affirmance of the bankruptcy court’s order that the Trustee’s quarterly fee payments be prorated with David O. Carter’s Chapter 11 legal expenses for the purpose of distributing the bankruptcy estate’s assets. We reverse.

I

The relevant facts are few and undisputed. On October 31, 1986, Juhl Enterprises, Inc. filed a voluntary petition under Chapter 11 of the Bankruptcy Code, 11 U.S.C. §§ 1101-1174, which provides for the reorganization of an ongoing business during the…