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RISHEL v. RISHEL

Bankruptcy No. 92-25376 JLC. Adv. No. 94-2047.

166 B.R. 276 (1994)

In re Sandra L. RISHEL, Debtor/Plaintiff, v. James T. RISHEL [Co-owner], Beatrice Berti, [Co-Owner], Integra Bank/Pittsburgh, successor by merger to Landmark Savings Association and Gary J. Gaertner, Trustee.

United States Bankruptcy Court, W.D. Pennsylvania.

April 20, 1994.

Attorney(s) appearing for the Case

Francis E. Corbett, Pittsburgh, PA, for debtor/plaintiff.

Gary J. Gaertner, Pittsburgh, PA, Trustee.

David F. Alpern, Pittsburgh, PA, for B. Berti.

Dorothy E. Voelker, Pittsburgh, PA, for Integra Bank/Pgh.

MEMORANDUM OPINION

JOSEPH L. COSETTI, Chief Judge.

The issue before the court is whether Sandra L. Rishel's ("Debtor") attorneys' fees are considered to be "compensation of the trustee" within the meaning of 11 U.S.C. § 363(j), thus disallowing the payment of attorneys' fees as a cost and expense of the sale of property. After careful consideration and for the reasons stated below, the court determines that when a debtor brings a sale of property...

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