In Re Financial Corporation of America, Debtor. Marcy J. Tiffany v. David A. Gill, Chapter 11 Trustee

This appeal involves an objection to a Chapter 11 trustee’s final application for compensation. Subject matter jurisdiction lies under 28 U.S.C. § 158 (d). In re Stanton, 766 F.2d 1283, 1288 (9th Cir.1985).

A Chapter 11 trustee turned over assets to himself as successor Chapter 7 trustee and requested compensation that required inclusion of the value of the assets turned over to himself in order not to exceed the statutory maximum. The Bankruptcy Appellate Panel held:

We adopt the reasoning and conclusions of the Bankruptcy Appellate Panel and affirm the BAP decision and remand this case to the BAP for remand to the bankruptcy court to permit the bankruptcy court to consider the criteria set forth in Section 330(a) of the Bankruptcy Code in setting the Chapter 11 trustee’s fee.

BAP AFFIRMED. Case REMANDED.