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Legal Opinion

In re Eidson

United States Bankruptcy Court, E.D. Virginia

Decided October 24, 2012No. 08-13416-BFKPublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION

BRIAN F. KENNEY, Bankruptcy Judge.

This matter comes before the Court on the Chapter 7 Trustee’s request for approval of his Final Report (Docket Nos. 139, 140) and the Debtor’s Objection (Docket No. 143). The issue is whether the Trustee is entitled to a commission under Bankruptcy Code Section 326(a) on proceeds that were distributed to the Debtor’s wife for her interest in property that the Trustee sold pursuant to Section 363(h) of the Bankruptcy Code. The Court concludes that a commission on a co-owner’s interest in property is not contemplated by Section 326(a). The…

2Cases cited14 opinions

  1. Radlax Gateway Hotel, LLC v. Amalgamated BankSupreme Court of the United States · 2012
  2. Willemain v. KivitzCourt of Appeals for the Fourth Circuit · 1985
  3. In Re RybkaUnited States Bankruptcy Court, N.D. Illinois · 2006
  4. James F. McGuirl and Marlene C. McGuirl v. William D. WhiteCourt of Appeals for the D.C. Circuit · 1996
  5. Pitts v. United StatesSupreme Court of Virginia · 1991

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3Cited by8 opinions

  1. In re RoweCourt of Appeals for the Fourth Circuit · 2014
  2. Bayview Loan Servicing, LLC v. Gold (In re McLaren)United States Bankruptcy Court, E.D. Virginia · 2016
  3. In re GuillenUnited States Bankruptcy Court, N.D. Georgia · 2017
  4. Hed v. MurphyDistrict Court, D. Massachusetts · 2014
  5. In Re: H. Jason Gold v.Court of Appeals for the Fourth Circuit · 2014

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