In Re: H. Jason Gold

The trustee in this case requested a trustee's fee of $17,254.61. At issue was whether, in light of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), 11 U.S.C. 330, a bankruptcy court is required, absent extraordinary circumstances, to compensate Chapter 7 trustees on a commission basis. Also at issue was whether the court should remand the case to the bankruptcy court with instructions to apply the correct legal standard after an evidentiary hearing. The court held that, absent extraordinary circumstances, Chapter 7 trustees must be paid on a commission basis, as required by section 330(a)(7). The court reversed the district court's decision affirming the bankruptcy court's non-commission-based fee award and remanded with instructions to vacate the trustee's fee award and remanded the matter to the bankruptcy court so that it could determine the proper commission-based fee. View "In Re: H. Jason Gold" on Justia Law