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PELOFSKY v. WALLACE

No. 95-4114.

102 F.3d 350 (1996)

Joel PELOFSKY, United States Trustee, Appellant, v. Milus Gary WALLACE, doing business as Wallace's Greenhouse; Wanda Harline Wallace, Appellees. William Frye, Trustee. Joel PELOFSKY, United States Trustee, Appellant, v. Jackie WALLACE; Jacqueline Wallace, Appellees. William Frye, Trustee. Joel PELOFSKY, United States Trustee, Appellant, v. Samuel R. McANALLY; Shirley L. McAnally, Debtors. William Frye, Trustee.

United States Court of Appeals, Eighth Circuit.

Decided December 12, 1996.

Attorney(s) appearing for the Case

Paul W. Bridenhagen, U.S. Department of Justice, Washington, DC, argued (Leonora Long, Joel Pelofsky, Peter Lumaghi and Marth L. Davis, on the brief), for appellant.

Paul Henry Berens, Cape Girardeau, Missouri, (Dale E. Gerecke, Joe P. Rice, and Rice P. Burns, Jr., on the brief), for appellee.

Before WOLLMAN, Circuit Judge, HENLEY, Senior Circuit Judge, and DOTY, District Judge.

HENLEY, Senior Circuit Judge.

The sole issue in this consolidated appeal is whether under 28 U.S.C. § 586(e) the percentage fee for a Chapter 12 standing trustee in a case filed under the Family Farmer Bankruptcy Act of 1986, 11 U.S.C. §§ 1201-31 (the Act), is based on amounts the trustee receives from the debtor and disburses to creditors, as the debtors argue, or on all amounts received by the trustee from the debtor — including amounts for...

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