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IN RE LISTER

No. 86-2538.

846 F.2d 55 (1988)

In re Robert O. LISTER, Jr., and Marie Lister, Debtors. John T. HASKINS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

May 6, 1988.

Attorney(s) appearing for the Case

G. Blaine Schwabe, III (J. Eric Ivester with him on the brief), of Mock, Schwabe, Waldo, Elder, Reeves & Bryant, Oklahoma City, Okl., for appellant.

John J. Boyle, Atty., Tax Div., Dept. of Justice, Washington, D.C. (Roger M. Olsen, Asst. Atty. Gen., Michael L. Paup, Wynette J. Hewett, Attys., Tax Div., Dept. of Justice, Washington, D.C., with him on the brief; William S. Price, U.S. Atty., Oklahoma City, Okl., of counsel), for appellee.

Before McKAY, ALARCON, and MOORE, Circuit Judges.

PER CURIAM.

The Chapter 11 bankruptcy proceeding underlying this appeal was commenced in November of 1980. In October of 1985, John T. Haskins, a creditor of the Listers who did not have prior court approval to act for the estate, filed an application for administrative expenses with the bankruptcy court pursuant to 11 U.S.C. § 503(b)(3)(D) (1982).

Section 503(b)(3)(D) provides:

(b) [a]fter notice and a hearing, there shall be allowed, administrative...

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