Legal Opinion

In re Rowe

Court of Appeals for the Fourth Circuit

Decided April 28, 2014No. 13-1270PublishedCited by 35 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Judge FLOYD wrote the opinion in which Judge DUNCAN and Senior Judge DAVIS joined.

FLOYD, Circuit Judge:

There are two questions presented in this appeal. The first is one of first impression: whether, in light of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), a bankruptcy court is required, absent extraordinary circumstances, to compensate Chapter 7 trustees on a commission basis. Thus far, no circuit court of appeals has confronted this issue, and the lower courts that have addressed it are deeply divided. Compare…

2Cases cited16 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  3. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  4. Anderson v. YungkauSupreme Court of the United States · 1947
  5. Theresa L. Sheppard v. Riverview Nursing Center, Incorporated, Equal Employment Opportunity Commission, Amicus CuriaeCourt of Appeals for the Fourth Circuit · 1996

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

3Cited by35 opinions

  1. State of South Carolina v. United StatesCourt of Appeals for the Fourth Circuit · 2018
  2. South Carolina v. United StatesDistrict Court, D. South Carolina · 2017
  3. Aaron Caillouet v. JFK Capital Holdings, L.L.C., eCourt of Appeals for the Fifth Circuit · 2018
  4. Mohns, Inc. v. LanserDistrict Court, E.D. Wisconsin · 2015
  5. In re ScogginsUnited States Bankruptcy Court, E.D. California · 2014

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

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