In re Rowe, 2013 U.S. Dist. LEXIS 11970
In In re Rowe, 2013 U.S. Dist. LEXIS 11970 (E.D. Va., January 29, 2013), the United States District Court for the Eastern District of Virginia (the “District Court”) affirmed the decision of the United States Bankruptcy Court for the Eastern District of Virginia (the “Bankruptcy Court”), wherein the Bankruptcy Court reduced the requested compensation of the chapter 7 trustee significantly below the amount requested, which was calculated in accordance with Bankruptcy Code section 326 (a). the Bankruptcy Court concluded that the trustee had failed to “properly or timely complete his duties as trustee.” In re Rowe, 484 B.R. 667 (Bankr. E.D. Va. 2012). On appeal, the trustee argued that he was entitled to the requested compensation under the 2005 amendment to Bankruptcy Code section 330(a)(7) and the Bankruptcy Court had wrongfully refused to grant his request on that basis. The District Court affirmed the Bankruptcy Court holding that the Bankruptcy Court did not abuse its discretion as the Bankruptcy Court had made factual findings sufficient to justify its decision and the findings were not clearly erroneous.