Legal Opinion

United States Trustee v. Gryphon at the Stone Mansion, Inc., D/B/A Erik Lewis Global D/B/A Wanner Van Helden

Court of Appeals for the Third Circuit

Decided January 28, 1999No. 97-3670PublishedCited by 83 opinions

1Opinion of the Court

OPINION OF THE COURT

RENDELL, Circuit Judge.

We are asked to determine whether the Bankruptcy Court had jurisdiction to require payment of posteonfirmation trustee’s fees before closing the debtor’s case. We also address the threshold issue of our jurisdiction to consider this appeal in light of the District Court’s remand of the matter to the Bankruptcy Court. We conclude that we have appellate jurisdiction and that the Bankruptcy Court did in fact have jurisdiction over the award of fees in question. Accordingly, we will affirm the District Court’s order that so held. As discussed in detail…

2Cases cited14 opinions

  1. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  2. 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
  3. Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
  4. In Re Rosemary BROWN, Debtor. FIRST JERSEY NATIONAL BANK v. Rosemary BROWN, AppellantCourt of Appeals for the First Circuit · 1991
  5. In Re the Guild and Gallery Plus, Inc., Debtor. John B. Torkelsen v. Carmen J. MaggioCourt of Appeals for the Third Circuit · 1996

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3Cited by83 opinions

  1. In Re Resorts International, Inc.Court of Appeals for the Third Circuit · 2004
  2. George P. Stoe v. William E. Flaherty David Carpenter James Carpenter William Smelas Robert Sunderman Ronald StatileCourt of Appeals for the Third Circuit · 2006
  3. Bank of Louisiana v. Craig's Stores of Texas, Inc.Court of Appeals for the Fifth Circuit · 2001
  4. In re Owens CorningCourt of Appeals for the Third Circuit · 2005
  5. New England Power & Marine, Inc. v. Town of Tyngsborough (In Re Middlesex Power Equipment & Marine, Inc.)Court of Appeals for the First Circuit · 2002

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