Sections

• Overview
• General changes affecting consumer chapter 7, 11 cases under the Bankruptcy Code
• 1) Time between discharges, multiple filings
• 2) Required production of income tax returns and other documents; case dismissal for non-production
• 3) Credit counseling an debtor education
• 4) Automatic Stay Provisions
• 5) Limiting definition of household goods concerning avoidance of liens
• 6) Non-Dischargeability
• 7) Two-year residency requirement for state or local exemption laws including homestead
• 8) Limits on state specific homestead exemptions, effective date
• 9) Limitation on new homestead valuation additions; homestead caps. Effects on debtors in Florida and other formerly unlimited homestead exemption states
• 10) Avoidance of transfers to asset protection trust
• 11) Exclusions from estate property
• 12) Effective date of new law
• Consumer cases under Chapter 7
• 12b) New § 707(b) — income means testing
• 13) Sanctions that can now be imposed on debtor's counsel
• 14) Support priority; dischargeability of marital property settlements
• 15) Reaffirmation Agreements
• 16) Redemption
• 17) Trustee compensation
• 18) Non-subordination of property tax liens to family support claims
• 19) Secured claims

17. Trustee compensation

Section 330 (a)(3) is amended to exclude Chapter 7 trustees from the professionals whose compensation is to be based, among other things, on the time spent providing their services. Rather, a new § 330(a)(7) is added, providing that the reasonable compensation of “a trustee” shall be treated “as a commission, based on §326.” Although new paragraph (a)(7) is not limited by its terms to Chapter 7 trustees, Chapter 11 trustees are expressly included in the list of professional subject to & 330 (a)(3), and so it is doubtful the new paragraph applies to Chapter 11 trustees.

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