- 11 U.S.C.
Kipperman v. United States (In re 800Ideas.com Inc.)
Jul
22
2013
Ruling
Bankruptcy court did not err in finding that trustee was not entitled to administrative expense claim for penalties on delayed filings of debtor's S corporation tax returns.
Issue(s)
Was trustee, who exercised judgment that filing of S corporation tax returns should be delayed until it was apparent if debtor's case was a no-asset case, entitled to an administrative expense claim for IRS penalties.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Center Field Props. LLC
Jul
03
2013
Ruling
Creditor entitled to administrative expense claim for portion of fee earned between petition date and rejection of licensing agreement.
Procedural posture
Creditor of chapter 11 debtor filed a motion for payment of a sum as a post- petition administrative claim under 11 U.S.C.S. § 503(b)(1)(A) based on a license agreement with the debtor. The debtor filed an objection to the amount requested.
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Court
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- 11 U.S.C.
Teta v. Chow (In re TWL Corp.)
Mar
29
2013
Ruling
Denial of class certification of WARN Act administrative expense claim reversed.
Procedural posture
In an adversary proceeding to enforce the Worker Adjustment and Retraining Notification Act (WARN Act), 29 U.S.C.S. §§ 2101-2109, against debtor employer, the bankruptcy court denied appellant employee's motion for class certification and granted the Trustee's motion to dismiss. The United States District Court for the Eastern District of Texas affirmed the bankruptcy court's order. The employee appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Rattler
Mar
06
2013
Ruling
Administrative expense claim allowed for debtor's postpetition rental arrearage.
Procedural posture
Debtor's chapter 13 matter was before the court pursuant to a creditor's Motion to Allow Administrative Claim related to debtor's failure to meet her obligations to pay rent under a post-petition residential lease.
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Court
:
- 11 U.S.C.
Conn v. Dewey & Leboeuf LLP (In re Dewey & Leboeuf LLP)
Feb
11
2013
Ruling
Administrative priority status of WARN Act claims not asserted in adversary proceeding had to be determined in debtor's main case.
Procedural posture
In a putative class action adversary proceeding, plaintiff employee sought relief for alleged violations of the Federal Worker Adjustment and Retraining Notification (WARN) Act and a determination that the alleged class claims are entitled to administrative expense or wage priority status. Defendant, a chapter 11 debtor, filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6).
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Court
:
- 11 U.S.C.
In re Azevedo
Jan
22
2013
Ruling
Administrative expense claim by creditor who sold feed to debtor during pendency of chapter 13 case allowed.
Procedural posture
A chapter 7 trustee objected to a creditor's application for an administrative expense claim under 11 U.S.C.S. § 503(b)(1)(A) with respect to purchases by the debtor from the creditor during the pendency of the debtor's chapter 12 case. The trustee alleged that the transactions did not occur in the ordinary course of business for purposes of 11 U.S.C.S. § 364(a).
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Court
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- 11 U.S.C.
In re Halabu
Oct
26
2012
Ruling
Bank not entitled to receive funds collected from debtor by trustee to pay property taxes on theory of "adequate protection."
Procedural posture
Debtor declared chapter 13 bankruptcy, and a bank that held a mortgage on the debtor's residence filed two motions which asked the court to issue orders that required the bankruptcy trustee to pay the bank or appropriate taxing authorities all funds he collected from the debtor, except for a $100 administrative expense, instead of paying those funds to the debtor or her counsel. The trustee and the debtor opposed the bank's motions.
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Court
:
- 11 U.S.C.
In re Grubb & Ellis Co.
Oct
02
2012
Ruling
Real estate brokers not entitled to administrative expense claim for commission where right to payment arose postpetition.
Procedural posture
Movants, real estate brokers formerly associated with debtor brokerages, asked the court to allow their claim for administrative expenses per 11 U.S.C.S. § 503(b)(1)(A). Both debtors and the unsecured creditors' committee objected to the underlying motion and to the claim on the ground that it was not properly classified as an "administrative expense" thereunder.
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Court
:
- 11 U.S.C.
In re Pulliam
Sep
26
2012
Ruling
Pro se debtor's application for compensation denied except for utility and storage costs.
Procedural posture
Chapter 7 debtor filed a notice of application for payment of professional fees and costs in the total amount of $368,582, including $312,000 for her own labor billed at $300 per hour, and $27,000 for her co-debtor's labor billed at $60 per day. The Trustee filed an objection.
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Court
:
- 11 U.S.C.
In re Quincy Med. Ctr. Inc.
Sep
25
2012
Ruling
Senior executives of debtor allowed administrative expense claims for severance pay.
Procedural posture
Senior executives of a chapter 11 debtor filed motions seeking allowance of administrative expense claims under 11 U.S.C.S. § 503(b)(1) for severance pay due them under the debtor's severance policy.
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Court
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