- 11 U.S.C.
In re Korn
Oct
06
2006
Ruling
Real estate company was not entitled to an administrative expense for costs of post-divorce sale of debtor's property.
Procedural posture
A real estate company filed a motion under 11 U.S.C. § 503(b)(1)(A) for an administrative expense against a bankruptcy estate arising from the sale of the debtor's property following a divorce.
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Court
:
- 11 U.S.C.
In re Enderle
Oct
05
2006
Ruling
Creditor lessor was allowed administrative expense for sale of vehicle of which debtor had assumed lease.
Procedural posture
Bankruptcy debtors assumed a vehicle lease under their confirmed chapter 13 plan, but the debtors subsequently defaulted on the lease. With bankruptcy court approval the lessor sold the vehicle, and the lessor moved for allowance of an administrative claim for the deficiency balance plus attorney fees.
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Court
:
- 11 U.S.C.
In re Tropea
Aug
17
2006
Ruling
Unsuccessful stalking horse bidder debtor's business entitled to administrativ expense fee as efforts prevented tax sale to benefit of estate.
Procedural posture
An unsuccessful stalking horse bidder for the business assets of the chapter 13 debtor asked the bankruptcy court to award him a "finder's fee" of $3,000 to offset his unrecovered costs. The court held a hearing on the request.
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Court
:
- 11 U.S.C.
Phillips v. Rapides Primary Health Care Ctr.
Aug
07
2006
Ruling
Bankruptcy court erred in holding that sick and vacation pay were not administrative claims.
Procedural posture
Upon removal of a state court suit filed by a creditor, a former doctor employee, the bankruptcy court granted summary judgment to defendant chapter 11 debtor health center, holding that sick and vacation pay were not former 11 U.S.C. §§ 503(b) and 507(a)(1), administrative claims, dismissing state law claims, and holding the automatic stay was violated. The doctor appealed.
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Court
:
- 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
:
- 11 U.S.C.
In re Hayes Lemmerz Intl Inc.
Mar
28
2006
Ruling
Court granted lessor part of its administrative expense application since lessor showed damages within the allowed time period.
Procedural posture
A chapter 11 matter was before the court for decision following trial and briefing on the applications of a lessor for allowance and payment of an administrative expense for damages allegedly sustained to machines it leased to debtor.
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Court
:
- 11 U.S.C.
Estate of Centennial Communs. v. Longtain (In re Centennial Communs.)
Feb
15
2006
Ruling
Court affirmed an order that allowed a creditor's claim for a super-priority administrative expense since the amounts the creditor advanced were shown to be for the estate's benefit.
Procedural posture
Appellant debtor sought review of a decision of the bankruptcy court that denied its motion for reconsideration of an earlier order that allowed a creditor's claim for a super- priority administrative expense and allowed the creditor to share in a pro rata distribution for the remainder of her claim, which included a loan to the debtor or its officers.
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Court
:
- 11 U.S.C.
In re Main Line Corp.
Feb
01
2006
Ruling
Commission payments for consulting services were not entitled to treatment as an administrative expense under section 503(b)(1)(A).
Procedural posture
After debtor filed a voluntary chapter 11 bankruptcy petition, movant individual filed a motion for allowance and payment of an administrative claim. The individual claimed that the debtor received payments post-petition from customers secured through the individual's consulting services. The debtor moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Plymouth Rubber Co.
Dec
30
2005
Ruling
Court granted the debtors' motion for authority to make payments under the employee retention plan as an administrative claim so that the debtors could make severance payments when they became due.
Procedural posture
The debtors, two companies that were being jointly administered in bankruptcy proceedings, filed a motion to allow one of the debtors to make payments pursuant to an employee retention plan so that the debtors could pay benefits owed to the employees once they are terminated during the wind-down of the debtor's manufacturing operations. The debtors claimed the expense was entitled to administrative expense priority under 11 U.S.C. § 503(b)(1).
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Court
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