Legal Opinion
Fulkrod v. Savage (In re Fulkrod)
Court of Appeals for the Ninth Circuit
Decided August 27, 1992No. 91-15861PublishedCited by 11 opinions
1Per curiam
We consider whether Chapter 12 of the bankruptcy code authorizes a debtor to make payments directly to creditors with claims modified by a plan of reorganization in order to avoid paying the bankruptcy trustee the statutory fee under 28 U.S.C. § 586. We hold that such fee avoidance is not authorized by statute.
John McGregor Fulkrod appeals a decision of the Bankruptcy Appellate Panel (“BAP”) affirming an order of the bankruptcy court prohibiting direct payments to impaired creditors. We have jurisdiction *802pursuant to 28 U.S.C. § 158(d) and we affirm.
I
Fulkrod filed a plan of reorganization in…
2Cases cited5 opinions
- In Re Philip Rubin, Debtor. Philip Rubin v. Hugh E. West Yasue WestCourt of Appeals for the Ninth Circuit · 1989
- Overholt v. Farm Credit Services (In Re Overholt)District Court, S.D. Ohio · 1990
- Matter of FinkbineUnited States Bankruptcy Court, S.D. Ohio · 1988
- In Re FulkrodUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
- Romley v. Sun National Bank (In re Two "S" Corp.)Court of Appeals for the Ninth Circuit · 1989
3Cited by11 opinions
- Paulman v. Gateway Venture Partners III, L.P. (In re Filtercorp, Inc.)Court of Appeals for the Ninth Circuit · 1998
- Giesbrecht v. Fitzgerald (In Re Giesbrecht)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
- Cohen v. Lopez (In Re Lopez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- In Re Filtercorp, Inc.Court of Appeals for the Ninth Circuit · 1998
- Wagner v. Armstrong (In re Wagner)Court of Appeals for the Eighth Circuit · 1994
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