At page 930 Establishing standing of the United States trustee to appeal10 citing casesUST has standing to appeal denial of motion for disgorgement of fees
- In Re DeShetler, 453 B.R. 295 (Bankr. S.D. Ohio 2011).publishedFurther, Congress has expressly given the UST standing under § 307 to raise and be heard on any issue under title 11, except that the UST may not file a chapter 11 plan. 11 U.S.C. § 307 ; Revco, 898 F.2d at 500 ; United States Trustee v. P…
- In Re Youk-See, 450 B.R. 312 (Bankr. D. Mass. 2011).published(UST has standing to appeal denial of motion for disgorgement of fees)
- Simons v. Wassenaar (In Re Miller), 268 B.R. 477 (W.D. Va. 2001).publishedIn re Columbia Gas Systems, Inc., 33 F.3d 294 , 296 (3rd Cir. 1994); In re Donovan Corp., 215 F.3d 929, 930 (9th Cir.2000).
- Meyer v. Hill (In Re Hill), 268 B.R. 548 (B.A.P. 9th Cir. 2001).published Stanley v. McCormick, Barstow, Sheppard, Wayte & Carruth (In re Donovan Corp.), 215 F.3d 929, 930 (9th Cir.2000).
- Harrington v. McKenna (In re Sanchez), 557 B.R. 264 (Bankr. D.R.I. 2016).publishedSee In re Donovan Corp., 215 F.3d 929, 930 (9th Cir.2000).
- Tighe v. Alba (In Re Shoup), 290 B.R. 768 (Bankr. C.D. Cal. 2003).publishedSee Stanley v. McCormick, Barstow, Sheppard, Wayte & Carruth (In re Donovan), 215 F.3d 929, 930 (9th Cir.2000).
- Tighe v. Scott (In Re Buck), 290 B.R. 758 (Bankr. C.D. Cal. 2003).publishedSee Stanley v. McCormick, Barstow, Sheppard, Wayte & Carruth (In re Donovan), 215 F.3d 929, 930 (9th Cir.2000).
- Tighe v. Mora (In Re Nieves), 290 B.R. 370 (Bankr. C.D. Cal. 2003).publishedSee Stanley v. McCormick, Barstow, Sheppard, Wayte & Carruth (In re Donovan Corp.), 215 F.3d 929, 930 (9th Cir.2000).
- In Re Adkins, 307 B.R. 880 (E.D. Mich. 2002).publishedIn re Revco D.S., Inc., 898 F.2d 498, 499-500 (6th Cir.1990); see also In re Donovan Corp., 215 F.3d 929, 930 (9th Cir.2000); In re Columbia Gas Sys., Inc., 33 F.3d 294 , 295-97 (3d Cir.1994).
- Ruskin v. Daimler Chrysler Servs. North Am., L.L.C. (In re Adkins), 307 B.R. 880 (E.D. Mich. 2002).publishedIn re Revco D.S., Inc., 898 F.2d 498, 499-500 (6th Cir.1990); see also In re Donovan Corp., 215 F.3d 929, 930 (9th Cir.2000); In re Columbia Gas Sys., Inc., 33 F.3d 294 , 295-97 (3d Cir.1994).
Other citing cases
- In Re: Socal Sleep Centers, LLC, No. CC-15-1216-FDKu (B.A.P. 9th Cir. Aug. 8, 2016).unpublished
v.
McCormick, Barstow, Sheppard, Wayte & Carruth, Appellee
The United States Trustee,. Stanley, sought disgorgement of payments previously received by appellee, McCormick, Barstow, Sheppard, Wayte & Carruth, counsel for the former debtor in possession, because the estate did not have enough money to pay all the administrative expenses. The bankruptcy judge denied the motion. The United States Trustee timely filed an appeal with the district court.
The district court dismissed the appeal on the ground that the United States Trustee lacked standing. The judge’s theory was that the creditors who might arguably be benefitted by the disgorgement had expressed no interest. The trustee,[*930] Stanley, timely appealed the decision holding that she did not have standing.
11 U.S.C. § 307 states that “The United States trustee may raise and may appear and be heard on any issue in any case or proceeding under this title but may not file a plan pursuant to section 1121(c) of this title.” [3] Title 11 governs bankruptcy. The United States trustee may be heard on any issue in any case or proceeding under title 11. The case at bar was a proceeding under title 11. Therefore the trustee had standing to appeal the bankruptcy court’s denial of her motion. The United States trustee “may also intervene and appear at any level of the proceedings from the bankruptcy court on, 11 U.S.C. § 307, as either a party or an ami-cus.” [4] Accordingly, the United States Trustee had standing to appeal to the district court.
REVERSED and REMANDED for further proceedings.
. Bernard v. Coyne, 31 F.3d 842, 844 (9th Cir.1994); see also Angelo v. Victoria Farms, Inc., 38 F.3d 1525, 1535 (9th Cir.1994) (United States trustee has standing to bring appeals).