11 U.S.C. § 330 : US Code - Section 330: Compensation of officers

Search 11 U.S.C. § 330 : US Code - Section 330: Compensation of officers

      (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,
    including - 
        (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.