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IN RE ENDY

No. 95-17060.

104 F.3d 1154 (1997)

In re: Patrick & Lilia ENDY, Debtors. UNITED STATES TRUSTEE, Appellant, v. Patrick Endy; Lilia ENDY, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 14, 1997.

Attorney(s) appearing for the Case

Julie A. Dicamillo, Executive Office for United States Trustees, Las Vegas, Nevada, for the appellant.

Paul W. Bridenhagen, Executive Office for the United States Trustee, Washington, D.C., for the appellant.

For the appellees: No appearance.

Before: WOOD, Jr., SCHROEDER, and CYNTHIA HOLCOMB HALL, Circuit Judges.

OPINION

SCHROEDER, Circuit Judge:

This bankruptcy appeal raises an issue of first impression in this circuit concerning the relative priority to be given to: (1) fees charged to the estate under Chapter 123 of Title 28, which include the United States Trustee's quarterly fees under 28 U.S.C. § 1930(a)(6), and (2) administrative expenses under 11 U.S.C. § 503(b). The issue arises in the context of a Chapter 11 bankruptcy that has been converted...

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