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In re R D Hospitality, LLC, 11-20479. (2017)

Court: United States Bankruptcy Court, W.D. Louisiana Number: inbco20170714623 Visitors: 4
Filed: Jul. 12, 2017
Latest Update: Jul. 12, 2017
Summary: MEMORANDUM RULING ROBERT SUMMERHAYS , Bankruptcy Judge . The question before the court is whether a Chapter 11 debtor must pay quarterly fees to the United States Trustee under 28 U.S.C. 1930(a)(6) in a case that was closed with the entry of a final decree and then subsequently re-opened to seek relief from the court. The court addressed this question in In re Chandni, LLC, No. 12-21050 (Bankr. W.D. La.) and held that quarterly fees are due for cases that are re-opened by order of the c
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MEMORANDUM RULING

The question before the court is whether a Chapter 11 debtor must pay quarterly fees to the United States Trustee under 28 U.S.C. § 1930(a)(6) in a case that was closed with the entry of a final decree and then subsequently re-opened to seek relief from the court. The court addressed this question in In re Chandni, LLC, No. 12-21050 (Bankr. W.D. La.) and held that quarterly fees are due for cases that are re-opened by order of the court. Accordingly, quarterly fees were due under section 1930(a)(6) once the case was re-opened. The debtor has failed to pay those fees. Failure to pay the quarterly fee is a ground to convert or dismiss the case under 11 U.S.C. § 1112(b)(4)(K). The debtor has thirty (30) days to pay past due quarterly fees in full. In default, the U.S. Trustee is authorized to submit an order converting the case to a case under Chapter 7 or dismissing the case.

IT IS SO ORDERED.

Source:  Leagle

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