Southern v. N.J. Dep't of Children & Families

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that extraordinary circumstances are present when the trustee’s administration falls below “acceptable standards”
• holding that extraordinary circumstances are present when the trustee’s administration falls below “acceptable standards”
• stating that “the 16 bankruptcy courts will be required to make the determination of whether extraordinary circumstances exist in a Chapter 7 action on a case-by-case basis”
• requiring Chapter 7 trustee fees to be calculated on the commission rates provided in § 326(a) and determining them presumptively reasonable, absent extraordinary circumstances
• describing “shall” as “more sternly mandatory” than “may” and stating that “whatever the merits of believing ‘may’ means ‘shall,’ they do not apply when Congress has employed the two different verbs in neighboring statutory passages”
• “we hold that, absent extraordinary circumstances, Chapter 7 trustees must be paid on a commission basis”

Source: CourtListener parenthetical corpus (CC0).