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TITLE 11BANKRUPTCY
CHAPTER 3CASE ADMINISTRATION
Sub Chapter II Officers
Sec. 331. Interim compensation
A trustee, an examiner, a debtor's attorney, or any professional
person employed under section 327 or 1103 of this title may apply to the
court not more than once every 120 days after an order for relief in a
case under this title, or more often if the court permits, for such
compensation for services rendered before the date of such an
application or reimbursement for expenses incurred before such date as
is provided under section 330 of this title. After notice and a hearing,
the court may allow and disburse to such applicant such compensation or
reimbursement.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2564.)
Historical and Revision Notes
senate report no. 95-989
Section 331 permits trustees and professional persons to apply to
the court not more than once every 120 days for interim compensation and
reimbursement payments. The court may permit more frequent applications
if the circumstances warrant, such as in very large cases where the
legal work is extensive and merits more frequent payments. The court is
authorized to allow and order disbursement to the applicant of
compensation and reimbursement that is otherwise allowable under section
330. The only effect of this section is to remove any doubt that
officers of the estate may apply for, and the court may approve,
compensation and reimbursement during the case, instead of being
required to wait until the end of the case, which in some instances, may
be years. The practice of interim compensation is followed in some
courts today, but has been subject to some question. This section
explicitly authorizes it.
This section will apply to professionals such as auctioneers and
appraisers only if they are not paid on a per job basis.
Section Referred to in Other Sections
This section is referred to in section 330 of this title.
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