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IN RE REED

No. 04-10298.

405 F.3d 338 (2005)

In re Willadeen REED, Debtor. Max R. Tarbox, Chapter 7 Trustee, Appellant, v. United States Trustee for the Northern District of Texas, Appellee.

United States Court of Appeals, Fifth Circuit.

April 1, 2005.

Attorney(s) appearing for the Case

Max R. Tarbox (argued), Tarbox & Miller, Lubbock, TX, pro se.

Michele Marie Mansfield (argued), U.S. Dept. of Justice, Executive Office of U.S. Trustee, Washington, DC, for Appellee.

Samuel Kenneth Crocker (argued), Crocker & Niarhos, Nashville, TN, for Nat. Ass'n of Bankruptcy Trustees, Amicus Curiae.

Before BARKSDALE, GARZA and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Max Tarbox, a Chapter 7 Trustee (the "Trustee"), filed a final report in a bankruptcy proceeding in which the Trustee proposed to pay interest on administrative fees and expenses from the date of the filing of the petition, arguing that 11 U.S.C. § 726(a)(5) requires such a result in cases where the estate contains enough assets to redistribute a remainder to the debtor, i.e., a surplus...

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