CRANBERRY GROWERS COOPERATIVE v. LAYNG

No. 18-3289

930 F.3d 844 (2019)

In re: CRANBERRY GROWERS COOPERATIVE, doing business as CranGrow, Debtor-Appellee, v. Appeal of: Patrick S. LAYNG, United States Trustee for Western District of Wisconsin.

United States Court of Appeals, Seventh Circuit.

Decided July 17, 2019.


Attorney(s) appearing for the Case

Justin M. Mertz , Attorney, MICHAEL BEST & FRIEDRICH LLP, Milwaukee, WI, Peggy Hunt , Attorney, DORSEY & WHITNEY LLP, Salt Lake City, UT, for Debtor-Appellee.

Tiffany E. Rodriguez , Attorney, OFFICE OF THE UNITED STATES TRUSTEE, Madison, WI, Sumi Sakata , Wendy Cox , Attorneys, DEPARTMENT OF JUSTICE, Executive Office for United States Trustees, Office of the General, Washington, DC, for Trustee-Appellant.

Randall L. Klein , Attorney, GOLDBERG KOHN LTD., Chicago, IL, Amicus Curiae for COMMERCIAL FINANCE ASSOCIATION.

Before Ripple, Manion, and Sykes, Circuit Judges.


Under 28 U.S.C. § 1930(a)(6), quarterly fees paid by a chapter 11 debtor to the bankruptcy Trustee are based on the debtor's disbursements. Here, the Bankruptcy Court determined that certain payments made by the customers of Cranberry Growers Cooperative ("CranGrow") to its lender should not be considered "disbursements...

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