Filed: Dec. 29, 2016
Latest Update: Dec. 29, 2016
Summary: Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER RE TRUSTEE'S FINAL REPORT S. MARTIN TEEL, Jr. , Bankruptcy Judge . This addresses the trustee's Final Report. No one has filed a timely objection to approval of the Final Report, but it contains an error, requiring a revision set forth herein. The Final Report lists $3,616.74 as available to pay to allowed timely filed general unsecured claims (that is, unsecured claims not entitled to priority). It proposes
Summary: Not for publication in West's Bankruptcy Reporter. MEMORANDUM DECISION AND ORDER RE TRUSTEE'S FINAL REPORT S. MARTIN TEEL, Jr. , Bankruptcy Judge . This addresses the trustee's Final Report. No one has filed a timely objection to approval of the Final Report, but it contains an error, requiring a revision set forth herein. The Final Report lists $3,616.74 as available to pay to allowed timely filed general unsecured claims (that is, unsecured claims not entitled to priority). It proposes t..
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Not for publication in West's Bankruptcy Reporter.
MEMORANDUM DECISION AND ORDER RE TRUSTEE'S FINAL REPORT
S. MARTIN TEEL, Jr., Bankruptcy Judge.
This addresses the trustee's Final Report. No one has filed a timely objection to approval of the Final Report, but it contains an error, requiring a revision set forth herein.
The Final Report lists $3,616.74 as available to pay to allowed timely filed general unsecured claims (that is, unsecured claims not entitled to priority). It proposes that the Internal Revenue Service's claims of that nature, totaling $30,874.99, receive a pro rata distribution with other claims of that nature. However, that $30,874.99 includes penalty claims (which are not compensation for actual pecuniary loss) totaling $6,644.01. Under 11 U.S.C. § 726(a)(4), the $6,644.01 of penalty claims are not entitled to be paid pro rata with non-penalty general unsecured claims. Only $28,225.92 of the IRS's general unsecured claims are non-penalty claims. It is
ORDERED that the trustee's final report is approved with the following revisions to reflect the proper distribution of the last $3,616.74 to be distributed on general unsecured claims of a non-penalty nature:
Claim Allowed Amount to
No. Claimant (or agent) Amount be Paid
2 American InfoSource LP $ 713.73 $ 91.45
3 American InfoSource LP $ 235.77 $ 30.21
4 American InfoSource LP $ 317.15 $ 40.64
5 LVNV Funding, LLC $ 2,692.29 $ 344.98
11 Internal Revenue Service $28,225.92 $3,109.46
TOTAL $3,616.74
It is further
ORDERED that the following applications for compensation and other requests for payment of administrative expenses are approved for the amounts indicated:
Bryan S. Ross statutory trustee's commission: $5,250.00
Trustee's expenses: $52.40
It is further
ORDERED that the the trustee is directed to make final distribution of the funds on hand in accordance with the Final Report, as revised by this Order.
