- 11 U.S.C.
Ideal Aerosmith Inc. v. Carco Elecs. (In re Carco Elecs.)
Jul
25
2006
Ruling
Administrative expense was denied since claimant did not resume debtor's closed operations for benefit of estate.
Procedural posture
In a chapter 11 matter, movant claimant, pursuant to 11 U.S.C. § 503(b)(1)(A), sought an allowed administrative expense in the amount of $455,708. Respondent was debtor. Debtor and its related finance entity objected to the motion.
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Court
:
- 11 U.S.C.
Mazda Am. Credit v. Brown (In re Brown)
Jul
07
2006
Ruling
Court denied creditor's administrative expense claim for excess mileage on leased vehicle since creditor did not show vehicle use preserved or benefitted debtors'estate.
Procedural posture
Pursuant to 11 U.S.C. § 503(a), creditor filed a motion for payment of an administrative expense for damages allegedly arising from the breach of a lease of a pickup truck that the creditor contended that the debtors assumed in their chapter 13 case. The debtors disputed that any such damages should be allowed as an administrative expense.
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Court
:
In re Westerlund
Jun
21
2006
Ruling
Application for allowance of administrative claim was denied since debtors failed to show alleged "extraordinary moving expenses"were actual and necessary costs of preserving estate.
Procedural posture
The debtors filed an application for allowance of a claim as an administrative expense pursuant to 11 U.S.C. §§ 503(b) and 507(a)(1). The debtors asserted that they were entitled to an administrative expense claim for the payment of expenses associated with the sale of their home during the course of the case. The chapter 7 trustee filed an objection.
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Court
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Gorski v. Eisen (In re Henricks Commerce Park LLC)
Jun
15
2006
Ruling
Panel affirmed decision to deny attorneys'fees as administrative expenses since fees were, in effect, services for debtor.
Procedural posture
Appellant, the equity security holder of the debtor, appealed from a decision of the Bankruptcy Court for the Northern District of Ohio that disallowed as an administrative expense under 11 U.S.C. § 503(b)(3)(D) and (4) the professional fees of the equity security holder's attorney on the basis that the attorney's services made a substantial contribution to the debtor's chapter 11 case.
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In re Balt. Marine Indus.
Jun
08
2006
Ruling
Motion for allowance of administrative expense was denied only because claim was not timely filed not because claim did not qualify for administrative priority under section 503(b).
Procedural posture
Debtor filed a chapter 11 bankruptcy petition. The bankruptcy court confirmed the chapter 11 plan and appointed a liquidating agent with authority to distribute the sale proceeds to creditors. Movant county then sought allowance and payment of an administrative expense claim for unpaid taxes against the proceeds of sale of all of the chapter 11 debtor's assets. The liquidating agent objected.
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Court
:
- 11 U.S.C.
In re HNRC Dissolution Co.
May
30
2006
Ruling
Administrative expense application was denied since applicant insurer filed application after plan confirmation.
Procedural posture
Applicant insurer filed an application for allowance of administrative expenses pursuant to 11 U.S.C. § 503. Objector purchaser of the former debtors'assets objected to the application.
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Court
:
- 11 U.S.C.
In re FF Holdings Corp.
May
09
2006
Ruling
Investment fund was granted application for allowance of expenses since the fund provided a substantial contribution to debtors'estate and creditors.
Procedural posture
Investment fund brought before the court an application for allowance of expenses from debtors pursuant to 11 U.S.C. § 503(b)(3) and (4). Debtors did not oppose the fund's application; however, the trustee filed an objection.
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Court
:
- 11 U.S.C.
Caradon Doors & Windows Inc. v. Eagle-Picher Industries Inc.(In re Eagle-Picher Indus.)
May
05
2006
Ruling
Reorganization plan did not discharge manufacturer's claim since the plan permitted certain administrative expense claims to be filed after the plan confirmation and the plan's definition of recoverable administrative expense claims covered the claims rai
Procedural posture
Appellee manufacturer was named a defendant in a patent infringement case along with appellant debtor. The bankruptcy court agreed with the debtor that the patent infringement claim could not proceed because the confirmation of the 1996 reorganization plan discharged the manufacturer's claim, but the District Court for the Southern District of Ohio disagreed and reversed the bankruptcy court's decision.
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In re Bernard Techs. Inc.
Apr
13
2006
Ruling
Debtor's CEO did not meet burden of establishing entitlement to administrative expense claim.
Procedural posture
The debtor's chief executive officer ("CEO") filed a request for allowance of an administrative expense pursuant to 11 U.S.C. § 503(b). Both the U.S. trustee and the chapter 7 trustee opposed the request.
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Court
:
In re Yeatts Contract of Va. Inc.
Apr
12
2006
Ruling
Creditors were granted attorneys'fees and costs award for services that benefitted estate but were not granted fees related to motions for relief from stay.
Procedural posture
Pursuant to 11 U.S.C. § 503(b)(3)(A) and (b)(4), petitioner creditors sought an award of attorneys'fees and costs for filing the involuntary chapter 7 bankruptcy petition against the debtor. Respondent debtor's principal and trustee opposed the award of attorneys'fees.
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Court
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