Legal Opinion

In Re McKinney

United States Bankruptcy Court, N.D. California

Decided February 29, 2008No. 19-30092PublishedCited by 11 opinions

1Opinion of the Court

OPINION

THOMAS E. CARLSON, Bankruptcy Judge.

Chapter 7 trustee contends that she is entitled to the maximum compensation permitted under section 326(a). I determine that although section 330(a)(7) creates a presumption that the statutory maximum constitutes reasonable compensation, that presumption is rebutted in the present case because the statutory maximum is substantially disproportionate to the value of the services Trustee was required to perform.

FACTS

Debtor filed a chapter 13 case on April 28, 2006. He had become delinquent on his house payments and the lender had commenced foreclosure.…

2Cases cited6 opinions

  1. In Re Riverside-Linden Investment Co., Debtor. Estes & Hoyt, a Professional Corporation Ralph O. Boldt, Trustee v. Kathryn Crake Earl HaferCourt of Appeals for the Ninth Circuit · 1991
  2. In Re ClemensUnited States Bankruptcy Court, D. Utah · 2006
  3. In Re MacK Properties, Inc.United States Bankruptcy Court, M.D. Florida · 2007
  4. Roeder v. No (In Re Ward)United States Bankruptcy Court, W.D. Pennsylvania · 2007
  5. In Re McKinneyUnited States Bankruptcy Court, N.D. California · 2007

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

3Cited by11 opinions

  1. Hopkins v. Asset Acceptance LLC (In Re Salgado-Nava)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  2. Mohns, Inc. v. LanserDistrict Court, E.D. Wisconsin · 2015
  3. In re ScogginsUnited States Bankruptcy Court, E.D. California · 2014
  4. In Re Coyote Ranch Contractors, LLCUnited States Bankruptcy Court, N.D. Texas · 2009
  5. In Re WardDistrict Court, W.D. Pennsylvania · 2009

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

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