- 11 U.S.C.
In Rockford Prods. Corp.
Aug
24
2009
Ruling
Administrative expense claim allowed with reductions for excessive services.
Procedural posture
This matter came before the court on the objection to the application of a claimant for allowance and payment of an administrative expense claim pursuant to 11 U.S.C.S. § 503(b)(1)(4) filed by the chapter 7 trustee, pursuant to 11 U.S.C.S. § 330 and Fed. R. Bankr. P. 2016.
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- 11 U.S.C.
Kwik-Way Prods. Inc.
Mar
23
2009
Ruling
Debtor's objection to landlord's administrative expense claim overruled as inconsistent with confirmed chapter 11 plan.
Procedural posture
Debtor's landlord asserted an administrative claim for postpetition rent. Debtor objected.
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Court
:
- 11 U.S.C.
In re Go Fig Inc.
Feb
05
2009
Ruling
Administrative expense claim for lessor's postpetition, prerejection performance was not subject to trustee's recoupment defense.
Procedural posture
A lessor of chapter 7 debtors filed an application for allowance of an administrative priority claim in connection with a rejected lease. The chapter 7 trustee objected. Two threshold issues were before the court for determination, specifically, whether the limitations in 11 U.S.C.S. § 503(b)(1)(A) applied and whether the trustee had the defense of recoupment to reduce the lessor's allowed claim by the amount of the security deposit.
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:
- 11 U.S.C.
In re Merit Transp. Inc.
Jan
23
2009
Ruling
Landlord entitled to reasonable administrative expense for trustee's use of space leased by debtor.
Procedural posture
A debtor originally filed for relief under chapter 11 of the Bankruptcy Code and the matter was converted to chapter 7. After the conversion a chapter 7 trustee entered into an agreement with a landlord so that the trustee could maintain possession of the space leased to the debtor while the trustee liquidated assets. The landlord filed an application for administrative expenses.
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:
- 11 U.S.C.
In re Am. Coastal Energy Inc.
Jan
15
2009
Ruling
Claim for expenses in plugging debtor's oil and gas wells entitled to priority status.
Procedural posture
Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code, and the Texas Railroad Commission filed a claim against the debtor's bankruptcy estate, seeking payment of costs it incurred postpetition to cap oil and natural gas wells the debtor owned. The Commission claimed that the expenditures were entitled to administrative expense priority under 11 U.S.C.S. § 503(b)(1)(A), the debtor challenged that claim.
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Court
:
- 11 U.S.C.
In re Elizabethtown Family Care Clinic LLC
Dec
18
2008
Ruling
Landlord allowed administrative expsense claim for rent incurred after petition date.
Procedural posture
Movant creditor, a landlord, sought payment of an administrative expense claim per 11 U.S.C.S. § 503(b)(1)(A) in connection with the estate's post-petition occupation of a medical office leased by debtor tenant from the creditor. The trustee filed an objection to the proof of claim contesting the proper amount thereof. At issue was the date upon which the trustee's obligation under 11 U.S.C.S. § 365(d)(3) began to run.
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Court
:
- 11 U.S.C.
UMW 1974 Plan & Trust v. Lexington Coal Co. LLC (In re HNRC Dissolution Co.)
Nov
04
2008
Ruling
Disallowance of administrative expense claim by multiemployer pension plan affirmed.
Procedural posture
Debtors participated in a multiemployer pension plan until they terminated operations two years after filing chapter 11 cases. Termination constituted a complete withdrawal from the plan and caused them to incur withdrawal liability under the Employee Retirement Income Security Act. The plan challenged the U.S. Bankruptcy Court for the Eastern District of Kentucky's order denying its application for allowance of an administrative expense claim.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Henderson v. Powermate Holding Corp. (In re Powermate Holding Corp.)
Oct
10
2008
Ruling
Claims under Worker Adjustment and Retraining Notification Act were not entitled to administrative expense priority status.
Procedural posture
Plaintiff former employee filed a putative class action against defendant chapter 11 debtors, alleging that they violated employees' rights under the Worker Adjustment and Retraining Notification Act (WARN Act), 29 U.S.C.S. § 2101 et seq. The employee claimed that any damages employees recovered were entitled to administrative expense status under 11 U.S.C.S. § 503(b)(1)(A)(ii). The debtors opposed the employee's claim.
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Court
:
- 11 U.S.C.
Meredith Corp. v. Home Interiors & Gifts Inc.)
Oct
09
2008
Ruling
Holder of trademark licensed for use by debtor entitled to administrative expense claim for postpetition use of the trademark which benefitted the estate.
Procedural posture
Plaintiff creditor, the holder of a trademark licensed for use to the debtor, calculated an administrative expense claim at $ 1,125,000.24 for the debtor's postpetition continued use of the trademark, although the debtor had nominally rejected the license agreement under 11 U.S.C.S. § 503(b)(1)(A). The debtor denies that the claim was an allowable administrative expense claim, asserting it was a pre-petition claim under 11 U.S.C.S. § 502(g)(1).
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:
- 11 U.S.C.
United States v. Schilke (In re Schilke)
Sep
09
2008
Ruling
Bankruptcy court properly allowed chapter 12 debtors to treat postpetition taxes from sale of farm assets as administrative expenses.
Procedural posture
Appellant, the United States, filed objections to the proposed chapter 12 plan submitted by appellee bankruptcy debtor. It appealed after the United States Bankruptcy Court for the District of Nebraska overruled its objections and confirmed the debtor's chapter 12 plan.
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