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Legal Opinion

In Re N. Hess' Sons, Inc.

United States Bankruptcy Court, D. Maryland

Decided February 25, 1998No. 17-10495PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OF DECISION REGARDING DEBTOR’S APPLICATION FOR FINAL DECREE

E. STEPHEN DERBY, Bankruptcy Judge.

Before the court is a dispute between N. Hess’ Sons, Inc., the Debtor, and the United States Trustee over how to calculate the postconfirmation fees due to the U.S. Trustee.

ISSUES

The issues to be decided are:

1. Are postpetition disbursements on which fees are calculated under 28 U.S.C. § 1930(a)(6) limited to expenditures made under a confirmed Chapter 11 plan, or do they include all expenditures, including those to conduct the Debtor’s ordinary course of business?

2. Does the bankruptcy…

2Cases cited36 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Maine v. ThiboutotSupreme Court of the United States · 1980
  3. Florida Power & Light Co. v. LorionSupreme Court of the United States · 1985
  4. Watt v. AlaskaSupreme Court of the United States · 1981
  5. Bob Jones University v. United StatesSupreme Court of the United States · 1983

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

3Cited by12 opinions

  1. In Re: Jamko, Inc., D.B.A. Shoe Bazaar, Debtor. Donald F. Walton, U.S. Trustee v. Jamko, Inc., D.B.A. Shoe BazaarCourt of Appeals for the Eleventh Circuit · 2001
  2. In Re Postconfirmation FeesDistrict Court, E.D. Washington · 1998
  3. In Re Danny's Markets, Inc.United States Bankruptcy Court, E.D. Michigan · 1999
  4. Cash Cow Services of Florida LLC v. United States Trustee (In Re Cash Cow Services of Florida LLC)Court of Appeals for the Eleventh Circuit · 2002
  5. In Re Pettibone Corp.United States Bankruptcy Court, N.D. Illinois · 2000

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

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