In Re Stewart
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MEYERS, Bankruptcy Judge:
I
The bankruptcy court held that actual disbursement of receipts is a prerequisite to allowance and payment of interim fees to a Chapter 11 trustee.
We REVERSE and REMAND.
II
FACTS
On January 16, 1991, J. Wayne and Jean M. Stewart (“Debtors”) filed a voluntary petition under Chapter 11 of the Bankruptcy Code (“Code”).
On December 18, 1991, the bankruptcy court ordered the appointment of a Chapter 11 trustee. The Office of the United States Trustee (“U.S. Trustee”) appointed Richard Marshack (“Appellant”). The bankruptcy court approved the application for appointment…
2Cases cited11 opinions
- In Re International Environmental Dynamics, Inc.Court of Appeals for the Ninth Circuit · 1983
- In The Matter Of Evangeline Refining CompanyCourt of Appeals for the Fifth Circuit · 1989
- U.S. Trustee v. Knudsen Corp. (In Re Knudsen Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- Pfeiffer v. Couch (In Re Xebec)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
- In Re Prairie Central Railway Co.United States Bankruptcy Court, N.D. Illinois · 1988
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Roderick v. Levy (In Re Roderick Timber Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- In Re MednetUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- Official Committee of Unsecured Creditors v. Credit Lyonnais Bank Nederland, N v. (In Re NSB Film Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- In Re HagesUnited States Bankruptcy Court, N.D. California · 2000
- Roberts, Sheridan & Kotel, P.C. v. Bergen Brunswig Drug Co. (In re MEDNET)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
9 more not listed; retrieve them via the Exa API.