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IN RE ACEVEDO

Nos. 13-12-11819 TS, 7-12-12906 JA.

497 B.R. 112 (2013)

In re Martin William ACEVEDO and Stephanie Anne Acevedo, Debtors. and In re Cary Harrell and Rebecca Harrell, Debtors.

United States Bankruptcy Court, D. New Mexico.

August 7, 2013.

Attorney(s) appearing for the Case

Alice Nystel Page, Office of U.S. Trustee, Ronald Andazola, Assistant US Trustee, Gregory Baruch, Executive Office of US Trustee, Albuquerque, NM, for U.S. Trustee.

Michael K. Daniels, Albuquerque, NM, for Debtors.

MEMORANDUM OPINION

ROBERT H. JACOBVITZ and DAVID T. THUMA, Bankruptcy Judges.

At the request of the Chapter 13 Trustee ("Trustee") and the Office of the United States Trustee ("UST"), the Court revisits a thorny issue involving payment of trustee's fees: May the Trustee pay herself the statutory percentage fee in Chapter 13 cases where no plan is confirmed?1 The question was raised in this District in 2001 and answered...

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