JOHN THOMAS, Bankruptcy Judge
Before this Court is Citizens Bank of Pennsylvania's ("Creditor") Motion requesting reconsideration of an Order entered September 10, 2003 granting the Final Report and Account of the Administration of the Estate and Application for Compensation of the Trustee's, Charles A. Bierbach. The Creditor's Motion is granted, in part, and denied, in part, for the reasons stated below.
BACKGROUND
On May 8, 2000, the Trustee filed a Motion to sell particular personalty of the Debtor free and clear of all liens. (Doc. 153). An Order was entered on June 1, 2000 approving the sale and providing that liens attach to the sale proceeds. (Doc. 157).
On July 22, 2003, the Trustee's Final Report and Account of the Administration of the Estate and Application for Compensation was filed with the Court. (Doc. 169). The document consisted of the Trustee's signed certified account of the administration of Debtor's estate, an Application for Trustee's Compensation and Expenses ("Application"), and a Trustee's Proposed Distribution of Property of the Estate. The Application's `WHEREFORE' clause requested Court approval of compensation and reimbursement of expenses to the Trustee.
The United States Trustee's Statement of Review of Final Report, Application for Compensation, and Proposed Distribution of Property of the Estate was also filed that same day. (Doc. 170). The Statement indicates that the United States Trustee ("UST") does not object to either the Trustee's Application for compensation or the proposed distribution of estate property.
The Clerk's office mailed notice of the Trustee's final report and application on July 25, 2003 to creditors and parties in interest. There were no objections on file as of the August 15, 2003 objection date.
An Order was entered on September 10, 2003 directing the Trustee to make all disbursements from the estate in accordance with the filed accounting and, more specifically, make particular payments to certain entities. (Doc. 173). The Order also provided instructions concerning the issuance of checks to payees.
On September 22, 2003, Creditor timely filed an Emergency Motion for Reconsideration of Order Granting Trustee's Final Report and Account and Application for Fees and For Temporary Restraining Order Pending Disposition. (Doc. 174). Creditor's Motion requested (1) reconsideration of the Order approving the Trustee's final report and application; (2) an Order temporarily restraining the Trustee from making a distribution to creditors; and (3) that the Trustee pay the proceeds, from the sale of its collateral, to Creditor.
A telephone conference was held on October 1, 2003 between the parties. Based on the Trustee's admission that the estate's fund had been disbursed, Creditor's request for a temporary restraining order was denied. The remaining matters were taken under advisement and the Trustee was allowed to file an answer thereafter.
DISCUSSION
Section 704 of the Bankruptcy Code ("Code") states that a Chapter 7 Trustee is obligated to "make a final report and file a final account of the administration of the estate with the court and with the United States trustee." See 11 U.S.C. § 704(9). Rule 5009 of the Federal Rules of Bankruptcy Procedure provides that unless the UST or other parties in interest file an objection to a trustee's final report and final account within 30 days, it is presumed that the debtor's estate has been fully administered. Nothing in the Code or corresponding Rules orders a court to become involved in reviewing and approving a trustee's final report and final account, absent a filed objection. Accord In re Schoenewerk, 304 B.R. 59, 63 (Bankr. S.D.N.Y. 2003) (court held once the thirty (30) day period has run after the trustee files his report, the case is only brought back to the attention of the assigned judge if objections are filed); see also Collier on Bankruptcy, ¶ 5009.01. Procedure for Closing Cases Governed by Rule 5009 (15th ed. revised) ("The court will not become involved in the review process unless objections to the reports are filed.").
Upon closer inspection of the Trustee's Final Report and Account of the Administration of the Estate and Application for Compensation, it only requests Court approval of the Trustee's fees and expenses. Nothing in the document requests approval of the final report or the proposed distribution. Inasmuch as the September 10, 2003 Order does anything more than approve the Trustee's compensation and expenses, it is vacated.
However, since the sale proceeds at issue are no longer in the Trustee's possession, the Court denies Creditor's request that the Trustee pay them to Creditor.
An Order will follow.
ORDER
For those reasons indicated in the Opinion filed this date, IT IS HEREBY ORDERED that the Movant's Motion for reconsideration of the September 10, 2003 Order approving the Trustee's Final Report and Account of the Administration of the Estate and Application for Compensation is granted, in part, and denied, in part. IT IS ALSO ORDERED that the September 10, 2003 Order approving the Trustee's Final Report and Account of the Administration of the Estate and Application for Compensation is vacated, inasmuch as it does anything more than approve the Trustee's fees and expenses.
Movant's request that Trustee be directed to pay the proceeds from the sale of the collateral to the Movant as its lien creditor is denied.