(a)(1) After notice to the parties in interest and the United
States Trustee and a hearing, and subject to sections 326, 328, and
329, the court may award to a trustee, a consumer privacy ombudsman
appointed under section 332, an examiner, an ombudsman appointed
under section 333, or a professional person employed under section
327 or 1103 -
(A) reasonable compensation for actual, necessary services
rendered by the trustee, examiner, ombudsman, professional
person, or attorney and by any paraprofessional person employed
by any such person; and
(B) reimbursement for actual, necessary expenses.
(2) The court may, on its own motion or on the motion of the
United States Trustee, the United States Trustee for the District
or Region, the trustee for the estate, or any other party in
interest, award compensation that is less than the amount of
compensation that is requested.
(3) In determining the amount of reasonable compensation to be
awarded to an examiner, trustee under chapter 11, or professional
person, the court shall consider the nature, the extent, and the
value of such services, taking into account all relevant factors,
(A) the time spent on such services;
(B) the rates charged for such services;
(C) whether the services were necessary to the administration
of, or beneficial at the time at which the service was rendered
toward the completion of, a case under this title;
(D) whether the services were performed within a reasonable
amount of time commensurate with the complexity, importance, and
nature of the problem, issue, or task addressed;
(E) with respect to a professional person, whether the person
is board certified or otherwise has demonstrated skill and
experience in the bankruptcy field; and
(F) whether the compensation is reasonable based on the
customary compensation charged by comparably skilled
practitioners in cases other than cases under this title.
(4)(A) Except as provided in subparagraph (B), the court shall
not allow compensation for -
(i) unnecessary duplication of services; or
(ii) services that were not -
(I) reasonably likely to benefit the debtor's estate; or
(II) necessary to the administration of the case.
(B) In a chapter 12 or chapter 13 case in which the debtor is an
individual, the court may allow reasonable compensation to the
debtor's attorney for representing the interests of the debtor in
connection with the bankruptcy case based on a consideration of the
benefit and necessity of such services to the debtor and the other
factors set forth in this section.
(5) The court shall reduce the amount of compensation awarded
under this section by the amount of any interim compensation
awarded under section 331, and, if the amount of such interim
compensation exceeds the amount of compensation awarded under this
section, may order the return of the excess to the estate.
(6) Any compensation awarded for the preparation of a fee
application shall be based on the level and skill reasonably
required to prepare the application.
(7) In determining the amount of reasonable compensation to be
awarded to a trustee, the court shall treat such compensation as a
commission, based on section 326.
(b)(1) There shall be paid from the filing fee in a case under
chapter 7 of this title $45 to the trustee serving in such case,
after such trustee's services are rendered.
(2) The Judicial Conference of the United States -
(A) shall prescribe additional fees of the same kind as
prescribed under section 1914(b) of title 28; and
(B) may prescribe notice of appearance fees and fees charged
against distributions in cases under this title;
to pay $15 to trustees serving in cases after such trustees'
services are rendered. Beginning 1 year after the date of the
enactment of the Bankruptcy Reform Act of 1994, such $15 shall be
paid in addition to the amount paid under paragraph (1).
(c) Unless the court orders otherwise, in a case under chapter 12
or 13 of this title the compensation paid to the trustee serving in
the case shall not be less than $5 per month from any distribution
under the plan during the administration of the plan.
(d) In a case in which the United States trustee serves as
trustee, the compensation of the trustee under this section shall
be paid to the clerk of the bankruptcy court and deposited by the
clerk into the United States Trustee System Fund established by
section 589a of title 28.