In Re Clemens
United States Bankruptcy Court, D. Utah
1Opinion of the Court
MEMORANDUM DECISION REGARDING CHAPTER 7 TRUSTEE’S REQUEST FOR FEES
WILLIAM T. THURMAN, Bankruptcy Judge.
The matter before the Court is the chapter 7 Trustee’s Final Report. The Trustee argues that the Court need not consider the reasonableness of the fees requested in this case because recent changes to the Bankruptcy Code under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the “BAPCPA”) entitle him to a statutory commission. 1 As this is an issue of first impression, the Court elects to issue this Memorandum Decision. The Court concludes that it must still consider the…
2Cases cited13 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
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- In Re Coyote Ranch Contractors, LLCUnited States Bankruptcy Court, N.D. Texas · 2009
- In Re MacK Properties, Inc.United States Bankruptcy Court, M.D. Florida · 2007
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