Legal Opinion
Joel Pelofsky v. Milus Wallace
Court of Appeals for the Eighth Circuit
Decided December 12, 1996No. 95-4114PublishedCited by 1 opinion
1Opinion of the Court
HENLEY, Senior Circuit Judge.
The sole issue in this consolidated appeal is whether under 28 U.S.C. § 586(e) the percentage fee for a Chapter 12 standing trustee in a case filed under the Family Farmer Bankruptcy Act of 1986, 11 U.S.C. §§ 1201-31 (the Act), is based on amounts the trustee receives from the debtor and disburses to creditors, as the debtors argue, or on all amounts received by the trustee from the debtor — including amounts for the trustee’s fee — as the United States Trustee (UST) argues. The district court, upholding a decision of the bankruptcy court, In re Wallace, 167 B.R.…
2Cases cited20 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Brown v. GardnerSupreme Court of the United States · 1994
- Smiley v. Citibank (South Dakota), N. A.Supreme Court of the United States · 1996
- Pauley v. BethEnergy Mines, Inc.Supreme Court of the United States · 1991
- Rake v. WadeSupreme Court of the United States · 1993
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3Cited by1 opinion
- Joel Pelofsky, United States Trustee v. Milus Gary Wallace, Doing Business as Wallace's Greenhouse Wanda Harline Wallace, William Frye, Trustee. Joel Pelofsky, United States Trustee v. Jackie Wallace Jacqueline Wallace, William Frye, Trustee. Joel Pelofsky, United States Trustee v. Samuel R. McAnally Shirley L. McAnally Debtors. William Frye, TrusteeCourt of Appeals for the Eighth Circuit · 1996