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IN RE STEWART

BAP No. CC-92-2038-MeRiP, Bankruptcy No. SA 91-30408-JR.

157 B.R. 893 (1993)

In re J. Wayne STEWART and Jean M. Stewart, Debtors. Richard A. Marshack, Chapter 11 Trustee, Appellant.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided September 3, 1993.

Attorney(s) appearing for the Case

James J. Joseph, Los Angeles, CA, for Richard A. Marshack.

Before: MEYERS, RIEGLE and PERRIS, Bankruptcy Judges.

OPINION

MEYERS, Bankruptcy Judge:

I

The bankruptcy court held that actual disbursement of receipts is a prerequisite to allowance and payment of interim fees to a Chapter 11 trustee.

We REVERSE and REMAND.

II

FACTS

On January 16, 1991, J. Wayne and Jean M. Stewart ("Debtors") filed a voluntary petition under Chapter 11 of the Bankruptcy...

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