Legal Opinion

Gill v. Von Wittenburg (In Re Financial Corp. of America)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 30, 1990No. BAP No. CC-89-1823 MeOV, Bankruptcy No. SA 88-05405-JWPublishedCited by 36 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

A trustee in bankruptcy under Chapter 11 of the Bankruptcy Code (“Code”) turned over substantial funds to himself as Chapter 7 trustee when the case was converted. As Chapter 11 trustee he then sought fees based in part on such funds. From a denial of fees on those funds, the Chapter 11 trustee appeals. REVERSED and REMANDED.

II

FACTS

The facts are not disputed. The debtor, Financial Corporation of America (“FCA”), was chiefly engaged in business as the owner of a securities brokerage firm and the American Savings & Loan Association, the assets of which had been…

2Cases cited19 opinions

Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
In Re Nucorp Energy, Inc., an Ohio Corporation, and Its Affiliates, Debtors. Luce, Forward, Hamilton & ScrippsCourt of Appeals for the Ninth Circuit · 1985
In Re Moses Hill, Debtor. Phelix Jones, Creditors v. Moses Hill, DebtorCourt of Appeals for the Ninth Circuit · 1987
Southwestern Media, Inc. v. Albert M. Rau and Henry JacobowitzCourt of Appeals for the Ninth Circuit · 1983
In Re Garland Corp.United States Bankruptcy Court, D. Massachusetts · 1981

14 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

In Re: Lan Associates Xi, L.P. Patricia A. Staiano, United States Trustee v. James J. Cain, Trustee for Lan Associates Xi, L.P.Court of Appeals for the Third Circuit · 1999
In Re CastorenaUnited States Bankruptcy Court, D. Idaho · 2001
Roderick v. Levy (In Re Roderick Timber Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
Garb v. Marshall (In Re Narragansett Clothing Co.)Bankruptcy Appellate Panel of the First Circuit · 1997
In Re Financial Corporation of America, Debtor. Marcy J. Tiffany v. David A. Gill, Chapter 11 TrusteeCourt of Appeals for the Ninth Circuit · 1991

31 more not listed; retrieve them via the Exa API.