· 7/25/2012
Hopkins v. Asset Acceptance LLC (In Re Salgado-Nava)
Citations
- 473 B.R. 911
- 68 Collier Bankr. Cas. 2d 103
- 2012 WL 3044382
- 2012 Bankr. LEXIS 3664
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, absent extraordinary circumstances, the fee award for Chapter 7 trustees is to be based on the commission rates provided in § 326(a)
- holding that, absent extraordinary circumstances, the fee award for Chapter 7 trustees is to be based on the commission rates provided in § 326(a)
- noting Congress removed Chapter 7 trustee fees from § 330's reasonableness factors and set commission rates for trustees in § 326
- stating the factors of Section 330(a)(3) “no longer directly apply to chapter 7 trustees”
- “[Ajbsent extraordinary circumstances, bankruptcy courts should approve chapter 7, 12, and 13 trustee fees without any significant additional review”
- “[A]bsent extraordinary circumstances, chapter 7 ... trustee fees should be presumed reasonable if they are requested at the statutory rate.... Thus, absent extraordinary circumstances, bankruptcy courts should approve chapter 7 ... trustee fees without any significant additional review.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Markell, Hollowell, Jury
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.