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IN RE CHUTE

Bankruptcy No. 94-17213-WCH.

235 B.R. 700 (1999)

In re James A. CHUTE, Debtor.

United States Bankruptcy Court, D. Massachusetts, Eastern Division.

July 7, 1999.

Attorney(s) appearing for the Case

Marshall M. Schribman, Boston, MA, for Valeriano Diviacchi.

Michael B. Feinman, Law Offices of Michael B. Feinman, Andover, MA, for Chapter 7 Trustee.

DECISION ON TRUSTEE'S MOTION TO COMPEL DISGORGEMENT

WILLIAM C. HILLMAN, Chief Judge.

I. Introduction

The matter before the Court is the Trustee's Motion to Compel Disgorgement (the "Motion"). By the Motion, the Chapter 7 Trustee (the "Trustee") seeks to disgorge the fees previously paid to special counsel because the case has become administratively insolvent. For the reasons set forth below, I will deny the motion.

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