Gold v. Robbins (In re Rowe)
- Summarized by Frank Volk , U.S. Bankruptcy Court, Southern District of West Virginia
- 10 years 8 months ago
- Citation:
- NO. 13-1270, --- F.3d ----, 2014 WL 1663329 (4th Cir. Apr. 28, 2014).
- Tag(s):
-
- Ruling:
- Absent extraordinary circumstances, Chapter 7 trustees must be paid on a commission basis, as required by 11 U.S.C. § 330(a)(7).
- Procedural context:
- A Chapter 7 trustee appealed a bankruptcy court's substantial reduction of his fee, resorting to use of his hourly rate rather than the Code compensation schedule. The district court affirmed, after which the trustee appealed. The United States Court of Appeals for the Fourth Circuit reversed the district court’s decision affirming the bankruptcy court’s non-commission-based fee award and remanded the case to the district court with instructions to vacate the fee award and remand the matter to the bankruptcy court for determination of a commission-based fee.
- Facts:
- The Chapter 7 Trustee moved for a trustee’s fee of $17,254.61. The bankruptcy court found that the trustee failed to properly or timely complete his duties and reduced his fee to $8,020.00. The bankruptcy court compensated the trustee based on his hourly rate in lieu of the Code compensation schedule.
- Judge(s):
- The Honorable Allyson K. Duncan, The Honorable Henry F. Floyd, Circuit Judges, and The Honorable Andre M.Davis, Senior Circuit Judge.
ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!
