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IN RE DANNY'S MARKETS, INC.

No. 00-1345.

266 F.3d 523 (2001)

In re: DANNY'S MARKETS, INC., et al., Debtors. Donald M. Robiner, United States Trustee, Appellee, v. Danny's Markets, Inc.; Danny's Foods, Plymouth, Inc.; Danny's Livonia, Inc.; Danny's Merriman, Inc.; Danny's Westland Markets, Inc.; Danny's Foods, Inc.; Danny's Joy, Inc., Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 21, 2001.

Attorney(s) appearing for the Case

ON BRIEF: Paul W. Bridenhagen, United States Department of Justice, Executive Office for United States Trustees, Washington, D.C., Tauras N. Ziedas, United States Department of Justice, Office of the Trustee, Detroit, Michigan, for Appellee.

Arnold S. Schafer, Max J. Newman, Schafer & Weiner, Bloomfield Hills, Michigan, for Appellants.

Before: MARTIN, Chief Judge; NELSON, Circuit Judge; RICE, Chief District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

BOYCE F. MARTIN, JR., Chief Judge.

This appeal presents an important question of statutory construction arising out of a 1996 congressional amendment to the bankruptcy code. We find that the trustee fees in a Chapter 11 case must be based on the amount of all payments until the case is converted, dismissed, or closed. In so doing, we largely concur with the two other circuits to have considered the amendment...

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