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Legal Opinion

In re Acevedo

United States Bankruptcy Court, D. New Mexico

Decided August 7, 2013No. Nos. 13-12-11819 TS, 7-12-12906 JAPublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROBERT H. JACOBVITZ and DAVID T. THUMA, Bankruptcy Judges.

At the request of the Chapter 13 Trustee (“Trustee”) and the Office of the United States Trustee (“UST”), the Court revisits a thorny issue involving payment of trustee’s fees: May the Trustee pay herself the statutory percentage fee in Chapter 13 cases where no plan is confirmed? 1 The question was raised in this District in 2001 and answered in the negative.2 Armed with new, thoughtful argu*114ments about statutory construction, the Trustee and UST urge the Court to take another look.3 Debtors argue that the statutes…

2Cases cited29 opinions

  1. Russello v. United StatesSupreme Court of the United States · 1983
  2. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  3. Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
  4. Perrin v. United StatesSupreme Court of the United States · 1979
  5. Leocal v. AshcroftSupreme Court of the United States · 2004

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3Cited by12 opinions

  1. Nardello v. Balboa (In re Nardello)District Court, D. New Jersey · 2014
  2. In Re: SoussisCourt of Appeals for the Second Circuit · 2025
  3. In re MillerUnited States Bankruptcy Court, E.D. Pennsylvania · 2013
  4. In re DickensUnited States Bankruptcy Court, E.D. Arkansas · 2014
  5. Doll v. GoodmanCourt of Appeals for the Tenth Circuit · 2023

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