Rishel v. Rishel

MEMORANDUM OPINION

JOSEPH L. COSETTI, Chief Judge.

The issue before the court is whether Sandra L. Rishel’s (“Debtor”) attorneys’ fees are considered to be “compensation of the trustee” within the meaning of 11 U.S.C. § 363(j), thus disallowing the payment of attorneys’ fees as a cost and expense of the sale of property. After careful consideration and for the reasons stated below, the court determines that when a debtor brings a sale of property as the co-owner of the property, the debtor is acting in the capacity of a trustee. Therefore, the debtor’s attorney cannot collect fees from the…