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IN RE LAN ASSOCIATES XI, L.P.

No. CIV. A. 98-2286(JEI). Bankruptcy No. 92-13413(JHW).

237 B.R. 49 (1998)

In re LAN ASSOCIATES XI, L.P., Debtor. United States Trustee, Appellant, v. James J. Cain, Appellee.

United States District Court, D. New Jersey.

August 12, 1998.

Attorney(s) appearing for the Case

Patricia A. Staiano, United States Trustee, Region 3, Steven E. Mackey, Assistant United States Trustee by Robert J. Schneider, Senior Attorney, Newark, NJ, , for appellant.

Weinberg, Mccormick, Chatzinoff & Paul, P.A. by Joseph A. McCormick, Jr., Esq., Anne S. Cantwell, Esq., Haddonfield, NJ, for appellee.

The National Association Of Bankruptcy Trustees by Joseph I. Wittman, Esq., Topeka, KS, Amicus curiae.

OPINION

IRENAS, District Judge.

Presently before this Court is the United States Trustee's appeal from an order of the bankruptcy court awarding compensation to the trustee. This Court has jurisdiction pursuant to 28 U.S.C.A. § 158(a)(1).

Title 11, § 326(a), of the United States Code, sets a cap on allowable bankruptcy trustee compensation in chapter 7 and 11 bankruptcy cases. The cap is calculated in a given case by reference to...

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