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IN RE FINANCIAL CORP. OF AMERICA

BAP No. CC-89-1823 MeOV, Bankruptcy No. SA 88-05405-JW.

114 B.R. 221 (1990)

In re FINANCIAL CORPORATION OF AMERICA, Debtor. David A. GILL, Chapter 11 Trustee, Appellant, v. Davis H. von WITTENBURG, United States Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided May 30, 1990.

Attorney(s) appearing for the Case

Richard K. Diamond, Los Angeles, Cal., for David Gill, Chapter 11 Trustee.

Arthur N. Marquis, Santa Ana, Cal., for Davis H. von Wittenburg.

Before MEYERS, OLLASON and VOLINN, Bankruptcy Judges.

OPINION

MEYERS, Bankruptcy Judge:

I

A trustee in bankruptcy under Chapter 11 of the Bankruptcy Code ("Code") turned over substantial funds to himself as Chapter 7 trustee when the case was converted. As Chapter 11 trustee he then sought fees based in part on such funds. From a denial of fees on those funds, the Chapter 11 trustee appeals. REVERSED and REMANDED.

II

FACTS

The facts are not disputed. The debtor, Financial...

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