Sousa

Sousa v. Miguel

Good Law
32 F.3d 1370
United States Court of Appeals for the Ninth CircuitAugust 5, 1994No. 92-16496California3,692 words

Opinion

Lead Opinion

Brunetti, J.

In this case, we must decide whether a trustee in bankruptcy can receive reimbursement under 11 U.S.C. § 380 (a)(2) for normal overhead expenses. We have jurisdiction under 28 U.S.C. § 158 (d). Because we conclude that § 330(a)(2) does not contemplate reimbursement for normal overhead expenses, we affirm the district court.

I.FACTS AND PRIOR PROCEEDINGS

Paul Anthony and Patricia Ann Miguel filed a voluntary joint petition for relief under Chapter 7 of the Bankruptcy Code. The bankruptcy court appointed Michael McGra-nahan (the “Trustee”) as the interim trustee to administer the Miguel’s case. The trustee identified this ease as an “asset” case and liquidated available assets for the intended benefit of creditors. Upon liquidation, the Trustee filed his Final Account for Court Approval.

This Final Account showed that after payment of expenses of sale, $920.00 remained as funds available for distribution. The Trustee requested payment of his statutory commission of $159.00, $432.00 for reimbursement of expenses, and $540.00 as compensation for the Trustee’s attorney.

The Trustee listed his expenses as follows:

The Trustee testified that he computed these expenses at the…

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