Legal Opinion

In Re Stewart

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 3, 1993No. BAP No. CC-92-2038-MeRiP, Bankruptcy No. SA 91-30408-JRPublishedCited by 14 opinions

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

  1. In Re International Environmental Dynamics, Inc.Court of Appeals for the Ninth Circuit · 1983
  2. In The Matter Of Evangeline Refining CompanyCourt of Appeals for the Fifth Circuit · 1989
  3. U.S. Trustee v. Knudsen Corp. (In Re Knudsen Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  4. Pfeiffer v. Couch (In Re Xebec)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
  5. 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

  1. Roderick v. Levy (In Re Roderick Timber Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  2. In Re MednetUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  3. 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
  4. In Re HagesUnited States Bankruptcy Court, N.D. California · 2000
  5. 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.

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