IN RE: JFK CAPITAL HOLDINGS, L.L.C

• Summarized by Aaron Kaufman , Gray Reed LLP
• 6 years 3 months ago

Citation:

16-31151 (5th Circuit, Jan 26,2018) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

Concerning Chapter 7 trustee fees, the Fifth Circuit rejected the rule that Section 326 is merely a statutory cap on fees that may be awarded to chapter 7 trustees. Instead, the Court held that...

Judge(s):

Reavley, Southwick and Haynes

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Practice and Procedure
• Professional Compensation/Fees
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Rule 2016
• 326
• 330

Fear v. U.S. Trustee (In re Ruiz)

• Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
• 8 years 4 months ago

Citation:

9th Cir. BAP No. EC-15-1133-DJuF (Dec. 11, 2015) (published)

Ruling:

Chapter 7 trustee compensation exceeding distributions to unsecured creditors is not per se an "extraordinary circumstance" that justifies disallowance of the trustee's full "commission" under...

Judge(s):

DUNN, JURY, and FARIS

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• 326

In re John Wilson

• Summarized by Elizabeth Peterson ,
• 8 years 9 months ago

Citation:

In re John Wilson, Case No. 15­-1150 (7th Cir., Aug. 10, 2015)

Ruling:

Affirmed the judgment of the U.S. District Court for the Eastern District of Wisconsin; the 7th Circuit upheld the fee awarded to the chapter 7 trustee after it was challenged by a creditor.

Judge(s):

Posner, Easterbrook, and Sykes, Circuit Judges

Tag(s):

• 7th Circuit
• Consumer Bankruptcy
• Professional Compensation/Fees
• 2016
• 326
• 330

Tamm v. United Sates Trustee, Honolulu (In re Hokulani Square, Inc.)

• Summarized by Jon Powers , White and Williams LLP
• 9 years 3 months ago

Citation:

Case No. 11-60072 (9th Cir. 2015)

Ruling:

Relying on plain language, legislative history, and following prior decisions by the Third and Fifth Circuits, the Ninth Circuit Panel held that section 326(a) of the Bankruptcy Code does not...

Judge(s):

Alex Kozinski, Raymond C. Fisher, and Paul J. Watford, Circuit Judges. Opinion by Judge Kozinski.

Tag(s):

• 9th Circuit
• Administrative Expense Claims
• Asset Sales
• Professional Compensation/Fees
• 326

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