Legal Opinion

United States Trustee v. Tamm (In Re Hokulani Square, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 8, 2011No. BAP No. HI-10-1468-PaDJu. Bankruptcy No. 07-00504PublishedCited by 4 opinions

1Opinion of the Court

OPINION

PAPPAS, Bankruptcy Judge.

The United States Trustee (“the UST”) appeals the order of the bankruptcy court approving the application for final compen sation and expenses of chapter 7 1 trustee Bradley B. Tamm (“Tamm”). In particular, the UST argues that, in calculating the maximum compensation that could be allowed under § 326(a) for Tamm’s services in the bankruptcy case, the bankruptcy court erred when it included the amount of the credit bid made by secured creditors in connection with Tamm’s sale of real property. We agree with the UST, and therefore REVERSE and REMAND.

FACTS

Hokulani…

2Cases cited35 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  3. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  4. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  5. Perrin v. United StatesSupreme Court of the United States · 1979

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3Cited by4 opinions

  1. Hillen v. City of Many Trees (In re CVAH, Inc.)United States Bankruptcy Court, D. Idaho · 2017
  2. In re WM Six Forks, LLCUnited States Bankruptcy Court, E.D. North Carolina · 2013
  3. Trauner v. State Bank & Trust Co. (In re Solid Rock Development Corp.)United States Bankruptcy Court, N.D. Georgia · 2012
  4. United States v. HarmonDistrict Court, District of Columbia · 2020

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