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18. 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 spend in 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.
Section 1326 is amended to add a new paragraph (b)(3), providing for payment of compensation awarded to a Chapter 7 trustee in connection with the conversion or dismissal of a debtor's case pursuant to § 707(b). Any such compensation remaining unpaid during the Chapter 13 case is to be paid during over the remaining term of the Chapter 13 plan, according to a limiting formula: no more that $25 per month or 5% of the average monthly payment made to general unsecured creditors under the plan, whichever is greater. Since most chapter 13 plan do not provide more than $500 per month in payments to general unsecured creditors, it is likely that trustees would be paid no more than $25 per month under this formula-a maximum of $1500 over a five-year plan.
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