- 11 U.S.C.
In re Universal Bldg. Prods.
Mar
07
2011
Ruling
Purchaser of debtors' assets not entitled to administrative expense claim for clean up and extra costs relating to vacating of leased facilities.
Procedural posture
A purchaser of the chapter 11 debtors' assets filed an application for payment of an administrative claim pursuant to 11 U.S.C.S. § 503(b)(1)(A) for clean-up and exit costs related to the debtors vacating leased facilities and the purchaser taking possession of the acquired assets. The debtors objected.
ABI Membership is required to access the full summary of In re Universal Bldg. Prods. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Compass Bank v. North Am. Petroleum Corp. USA (In re North Am. Petroleum Corp. USA)
Feb
18
2011
Ruling
Oil and gas exploration company allowed administrative expense claim for salt water disposal costs under voided agreement with debtor.
Procedural posture
Debtors' adversary complaint sought rulings as to the meaning and effect of a capital recovery agreement (CRA) with defendant oil and gas exploration companies (OG1 and OG2) and relief from obligations claimed to have been assumed thereunder. OG2 sought payment of amounts allegedly due to it under the CRA as administrative expenses (AEs) per 11 U.S.C.S. § 503(b)(1)(A) and 11 U.S.C.S. § 507(a)(2). Other parties included banks that had intervened.
ABI Membership is required to access the full summary of Compass Bank v. North Am. Petroleum Corp. USA (In re North Am. Petroleum Corp. USA) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hines v. Wolfe (In re Stillwater Inc.)
Jan
25
2011
Ruling
Real property taxes assessed postpetition on real property held by the debtor's estate constituted administrative expenses.
Procedural posture
Movant, a county treasurer, requested that the full value of accrued real property taxes on property of the estate of a Chapter 7 debtor be allowed as an administrative expense under 11 U.S.C.S. § 503(b)(1)(B).
ABI Membership is required to access the full summary of Hines v. Wolfe (In re Stillwater Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Stokes
Oct
08
2010
Ruling
Postpetition real property taxes allowed as administrative expense claim.
Procedural posture
This case was before the court on the Application and Request for Payment of Administrative Expenses filed by the City of Chattanooga, Tennessee, on July 16, 2010. Specifically, the City sought an order directing the payment of certain real property taxes as administrative expenses of the chapter 13 estate pursuant to 11 U.S.C.S. § 503(b)(1)(B)(i). The chapter 13 trustee opposed the Application.
ABI Membership is required to access the full summary of In re Stokes Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Oldco M Corp.
Sep
07
2010
Ruling
State environmental agency granted administrative expense for minimal remediation costs incurred prior to debtor's sale of subject property.
Procedural posture
A bankruptcy debtor was remediating groundwater contamination at its manufacturing facility, and the debtor sold the facility to a purchaser which continued the remediation efforts. A state environmental agency moved for allowance of a priority administrative expense under 11 U.S.C.S. § 503(b)(1)(A) for future remediation at the facility.
ABI Membership is required to access the full summary of In re Oldco M Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Hall
Aug
25
2010
Ruling
Townhouse association not entitled to administrative expense for unpaid dues.
Procedural posture
A townhouse association filed an application for the allowance of administrative expenses under 11 U.S.C.S. § 503(b)(1) on account of unpaid homeowners association dues in the sum of $3,901.25 for the period from February 4, 2004, the day before the filing of the case originally as a case under chapter 7, to May 31, 2010.
ABI Membership is required to access the full summary of In re Hall Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Midway Games Inc.
Apr
05
2010
Ruling
Creditor not entitled to administrative expense claim where sale of debtor's executory contracts satisfied all outstanding obligations.
Procedural posture
Movant, the creditor that purchased assets of the debtors-in-possession, filed a motion seeking the allowance and payment of an administrative expense pursuant to 11 U.S.C.S. § 503(b)(1)(A).
ABI Membership is required to access the full summary of In re Midway Games Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Barnhills Buffet Inc.
Feb
24
2010
Ruling
Claim filed by county for personal property taxes after conversion to chapter 7 was not entitled to administrative expense status.
Procedural posture
A county tax collector filed a motion for allowance of an administrative expense claim for unpaid ad valorem personal property taxes for 2008 and 2009 pursuant to 11 U.S.C.S. § 503(b)(1)(B). The chapter 7 trustee objected to the claim.
ABI Membership is required to access the full summary of In re Barnhills Buffet Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Old Carco LLC
Jan
05
2010
Ruling
Claim for damages from termination of auto dealer's agreement and breach of repurchase obligations arose prepetition and was not an administrative expense.
Procedural posture
Before the court pursuant to 11 U.S.C.S. §§ 503(b)(1), 507(a)(2) was an automobile dealer's motion seeking administrative expense priority for damages sustained by the dealer as a result of the voluntary termination by the dealer of its sales and service agreements with the automobile manufacturer. Debtors opposed the motion.
ABI Membership is required to access the full summary of In re Old Carco LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Sturgis Iron & Metal Co.
Sep
30
2009
Ruling
Servicing agent for statutory trust that leased vehicle shredder to debtor could recover two postpetition, prerejection lease payments as administrative claims but any unbilled taxes would have to be included in claim for rejection damages.
Procedural posture
Debtor filed a petition under chapter 11 of the Bankruptcy Code, and the servicing agent for a statutory trust that leased a vehicle shredder to the debtor filed an administrative claim seeking payment of rent and taxes on the shredder. A committee of unsecured creditors filed an objection to the agent's claim.
ABI Membership is required to access the full summary of In re Sturgis Iron & Metal Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: