IN RE ROWE

No. 13-1270.

750 F.3d 392 (2014)

In re Geoffrey A. ROWE, Debtor, H. Jason Gold, Chapter 7 Trustee, Trustee-Appellant, and Judy A. Robbins, II, U.S. Trustee, Trustee. United States of America, Amicus Curiae, National Association of Bankruptcy Trustees, Amicus Supporting Appellant, John J. Korzen, Court-Assigned Amicus Counsel.

United States Court of Appeals, Fourth Circuit.

Decided: April 28, 2014.


Attorney(s) appearing for the Case

ARGUED: Brett Shumate , Wiley Rein LLP, Washington, D.C., for Appellant. Patrick M. Wallace , Wake Forest University School of Law, Winston-Salem, North Carolina, for John J. Korzen , Court-Assigned Amicus Counsel. N. Neville Reid , Fox, Swibel, Levin & Carroll, LLP, Chicago, Illinois, for Amicus The National Association of Bankruptcy Trustees. ON BRIEF: Helgi C. Walker , Rebecca L. Saitta , Wiley Rein LLP, Washington, D.C., for Appellant. John J. Korzen , as Court-Assigned Amicus Counsel, Tammy C. Hsu , Third-Year Law Student, Wake Forest University School of Law, Winston-Salem, North Carolina, for Court-Assigned Amicus Counsel. Ramona D. Elliott , Deputy Director, P. Matthew Sutko , Wendy L. Cox , Executive Office for United States Trustees, United States Department of Justice, Washington, D.C., for Amicus United States of America. Erik J. Ives , Fox, Swibel, Levin & Carroll, LLP, Chicago, Illinois; Ronald R. Peterson , Jenner & Block LLP, Chicago, Illinois, for Amicus National Association of Bankruptcy Trustees.

Reversed and remanded by published opinion. Judge FLOYD wrote the opinion in which Judge DUNCAN and Senior Judge DAVIS joined.


FLOYD, Circuit Judge:

There are two questions presented in this appeal. The first is one of first impression: whether, in light of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), a bankruptcy court is required, absent extraordinary circumstances, to compensate Chapter 7 trustees on a commission basis. Thus far, no circuit court of appeals has confronted this issue, and the lower courts that have addressed it are deeply divided. Compare...

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