Legal Opinion
In re Scoggins
United States Bankruptcy Court, E.D. California
Decided September 8, 2014No. Nos. 12-42158-C-7, 13-21100-C-7, 12-41237-C-7, 11-21956-C-7PublishedCited by 15 opinions
1Opinion of the Court
OPINION REGARDING CHAPTER 7 TRUSTEE FEES
CHRISTOPHER M. KLEIN, Bankruptcy Judge.
Bankruptcy trustee compensation has been a puzzle since enactment of 11 U.S.C. § 330(a)(7) providing that “reasonable” trustee compensation under the “not to exceed” formula of § 326(a) be “treated” as a “commission.” Two chapter 7 trustees now request four “commissions” totaling $121,415.
The first issue is whether other subsections of § 330, including the § 330(a)(2) power to award “less than the amount of compensation that is requested,” retain vitality in view of the § 330(a)(7) “commission” provision. The…
2Cases cited9 opinions
- Corley v. United StatesSupreme Court of the United States · 2009
- In Re Busy Beaver Building Centers, Inc. Kirkpatrick & LockhartCourt of Appeals for the Third Circuit · 1994
- In Re Filiae Eliapo in Re Judy Eliapo, Debtors, Law Offices of David A. Boone v. Devin Derham-Burk U.S. TrusteeCourt of Appeals for the Ninth Circuit · 2006
- In re RoweCourt of Appeals for the Fourth Circuit · 2014
- Hopkins v. Asset Acceptance LLC (In Re Salgado-Nava)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Aaron Caillouet v. JFK Capital Holdings, L.L.C., eCourt of Appeals for the Fifth Circuit · 2018
- Mohns, Inc. v. LanserDistrict Court, E.D. Wisconsin · 2015
- In re All Island Truck Leasing Corp.United States Bankruptcy Court, E.D. New York · 2016
- Fear v. United States Trustee (In Re Ruiz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
- In re Turner Grain Merchandising, Inc.United States Bankruptcy Court, E.D. Arkansas · 2017
10 more not listed; retrieve them via the Exa API.