Compensation of officers
United States Code
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★Landmark AuthorityTop 1% most-cited · cited by 2,247 decisions
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Citations by decade
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Courts citing this statute
Most recently cited by10
- 2026Schultz E.D. Va.
- 2026Gabriela Gonzalez-Arceo Bankr.D. Colo.
- 2026Maria Louisa Sena Bankr.D. Colo.
- 2026Miranda Lee Johnson Bankr.D. Colo.
- 2026Joshua Ray Miller Bankr.D. Colo.
- 2026In re: George W. Conway and Ellen Conway Bankr. W.D. Wis.
- 2026In re: The Roman Catholic Church of the Archdiocese of New Orleans Bankr. E.D. La.
- 2026Millenkamp Cattle, Inc Bankr. D. Idaho
- 2026In re: Career Matching Platform, Inc. Bankr. S.D.N.Y.
- 2026Terrina Cordie Vigil Bankr.D. Colo.
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reasonable compensation for actual, necessary services rendered by the trustee, examiner, ombudsman, professional person, or attorney and by any paraprofessional person employed by any such person; and reimbursement for actual, necessary expenses. The court may, on its own motion or on the motion of the United States Trustee, the United States Trustee for the District or Region, the trustee for the estate, or any other party in interest, award compensation that is less than the amount of compensation that is requested. the time spent on such services; the rates charged for such services; whether the services were necessary to the administration of, or beneficial at the time at which the service was rendered toward the completion of, a case under this title; whether the services were performed within a reasonable amount of time commensurate with the complexity, importance, and nature of the problem, issue, or task addressed; with respect to a professional person, whether the person is board certified or otherwise has demonstrated skill and experience in the bankruptcy field; and whether the compensation is reasonable based on the customary compensation charged by comparably skilled practitioners in cases other than cases under this title. unnecessary duplication of services; or reasonably likely to benefit the debtor’s estate; or necessary to the administration of the case. In a chapter 12 or chapter 13 case in which the debtor is an individual, the court may allow reasonable compensation to the debtor’s attorney for representing the interests of the debtor in connection with the bankruptcy case based on a consideration of the benefit and necessity of such services to the debtor and the other factors set forth in this section. The court shall reduce the amount of compensation awarded under this section by the amount of any interim compensation awarded under section 331, and, if the amount of such interim compensation exceeds the amount of compensation awarded under this section, may order the return of the excess to the estate. Any compensation awarded for the preparation of a fee application shall be based on the level and skill reasonably required to prepare the application. In determining the amount of reasonable compensation to be awarded to a trustee, the court shall treat such compensation as a commission, based on section 326. There shall be paid from the filing fee in a case under chapter 7 of this title $45 to the trustee serving in such case, after such trustee’s services are rendered. shall prescribe additional fees of the same kind as prescribed under section 1914(b) of title 28; and may prescribe notice of appearance fees and fees charged against distributions in cases under this title; Unless the court orders otherwise, in a case under chapter 12 or 13 of this title the compensation paid to the trustee serving in the case shall not be less than $5 per month from any distribution under the plan during the administration of the plan. In a case in which the United States trustee serves as trustee, the compensation of the trustee under this section shall be paid to the clerk of the bankruptcy court and deposited by the clerk into the United States Trustee System Fund established by section 589a of title 28. There is established a fund in the Treasury of the United States, to be known as the “Chapter 7 Trustee Fund”, which shall be administered by the Director of the Administrative Office of the United States Courts. Deposits into the Chapter 7 Trustee Fund under section 589a(f)(1)(C) of title 28 shall be available until expended for the purposes described in paragraph (3). For fiscal years 2021 through 2026, the Chapter 7 Trustee Fund shall be available to pay the trustee serving in a case that is filed under chapter 7 or a case that is converted to a chapter 7 case in the most recent fiscal year (referred to in this subsection as a “chapter 7 case”) the amount described in paragraph (4) for the chapter 7 case in which the trustee has rendered services. $60; or a pro rata share, for each chapter 7 case, of the fees collected under section 1930(a)(6) of title 28 and deposited to the United States Trustee System Fund under section 589a(f)(1) of title 28, less the amounts specified in section 589a(f)(1)(A) and (B) of title 28. The payment received by a trustee under paragraph (3) shall be paid in addition to the amount paid under subsection (b). Not later than September 30, 2021, the Director of the Administrative Office of the United States Courts shall promulgate regulations for the administration of this subsection. Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 589a and 1930 of Title 28, Judiciary and Judicial Procedure] shall take effect on the date of enactment of this Act [Jan. 12, 2021]. under chapter 7 of title 11, United States Code; or under chapter 11, 12, or 13 of that title; and converted to a chapter 7 case under that title. any case pending under chapter 11 of title 11, United States Code, on or after the date of enactment of this Act; and quarterly fees payable under section 1930(a)(6) of title 28, United States Code, as amended by subsection (d), for disbursements made in any calendar quarter that begins on or after the date of enactment of this Act.” After notice to the parties in interest and the United States Trustee and a hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, a consumer privacy ombudsman appointed under section 332, an examiner, an ombudsman appointed under section 333, or a professional person employed under section 327 or 1103— In determining the amount of reasonable compensation to be awarded to an examiner, trustee under chapter 11, or professional person, the court shall consider the nature, the extent, and the value of such services, taking into account all relevant factors, including— Except as provided in subparagraph (B), the court shall not allow compensation for— services that were not— The Judicial Conference of the United States— The amount described in this paragraph shall be the lesser of— The amendments made by subsection (c) [amending this section] shall apply to any case filed on or after the date of enactment of this Act— The amendments made by subsection (d) [amending section 1930 of Title 28] shall apply to— (Source: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2564; Pub. L. 98–353, title III, §§ 433, 434, July 10, 1984, 98 Stat. 370; Pub. L. 99–554, title II, §§ 211, 257(f), Oct. 27, 1986, 100 Stat. 3099, 3114; Pub. L. 103–394, title I, § 117, title II, § 224(b), Oct. 22, 1994, 108 Stat. 4119, 4130; Pub. L. 109–8, title II, § 232(b), title IV, §§ 407, 415, title XI, § 1104(b), Apr. 20, 2005, 119 Stat. 74, 106, 107, 192; Pub. L. 116–325, § 3(c), Jan. 12, 2021, 134 Stat. 5087; Pub. L. 117–43, div. A, § 131, Sept. 30, 2021, 135 Stat. 351.))