§ 503(b)(3)

In re Tiburon View Apts. LP

Equity holders (applicants) in two chapter 11 debtors filed amended applications for payment of administrative fees and expenses under 11 U.S.C.S. § 503(b)(3) or , in the alternative, under Nebraska's common fund doctrine.
Ruling: 
Equity holder not entitled to administrative expense claim for actions that resulted in sale of property, appointment of trustee and settlement with property manager.
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Commercial case opionion summary, case decided on October 22,2012, LexisNexis #1112-044

In re S&Y Enters.

A losing bidder for chapter 11 debtors' properties filed an application for a substantial contribution administrative expense under 11 U.S.C.S. § 503(b)(3)(D).
Ruling: 
Losing bidder on debtor's property not entitled to administrative expense claim for causing purchaser to increase offer.
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Commercial case opionion summary, case decided on September 28,2012, LexisNexis #1212-009

In re Connolly N. Am.

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and an Argentine corporation that held approximately 50 percent of nonpriority unsecured claims that were filed against the debtor's bankruptcy estate filed a motion seeking payment of administrative expenses under 11 U.S.C.S. § 503. The United States Trustee opposed the motion.
Ruling: 
Creditor that made substantial contribution to chapter 7 case could not recover fees and costs.
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Commercial case opionion summary, case decided on September 17,2012, LexisNexis #1212-104

In re Brundage-Bone Concrete Pumping Inc.

This matter came before the court on the Motion for Allowance of Administrative Expense Claim filed by a Lender Group. The Motion was uncontested. The Lender Group requested that the court award them administrative expenses in the amount of $875,000 pursuant to 11 U.S.C.S. § 503(b)(3)(D), (b)(4), based on their claimed "substantial contribution" to debtors' bankruptcy estates.
Ruling: 
Lender group not entitled to administrative expense claims as not representing necessary, substantial contribution.
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Commercial case opionion summary, case decided on May 14,2012, LexisNexis #0612-084

In re ASARCO LLC

Debtors filed petitions under chapter 11, and the court ordered joint administration of the debtors' bankruptcy estates and confirmed a plan that was proposed by the debtors' parent companies. Movant bondholders filed an application seeking reimbursement under 11 U.S.C.S. § 503(b)(3)(D) and (b)(4) of expenses they incurred to participate in the bankruptcy process.
Ruling: 
Bondholders whose plan was not confirmed were not entitled to reimbursement of expenses.
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Commercial case opionion summary, case decided on September 28,2010, LexisNexis #1110-011

In re Energy Partners Ltd.

In this chapter 11 case, a creditor sought reimbursement of legal fees and expenses in the amount of $ 61,480 pursuant to 11 U.S.C.S. §§ 503(b)(3)(D) and (b)(4). The debtor objected to the request on the sole ground that the creditor did not provide a substantial contribution to the case as required by 11 U.S.C.S. § 503(b)(3)(D).
Ruling: 
Creditor entitled to administrative expense for legal fees and expenses due to substantial contribution to case.
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Commercial case opionion summary, case decided on December 31,2009, LexisNexis #0210-008

In re T&B Mortg. Corp.

The moving creditor sought the allowance and payment, as a chapter 7 administrative expense, of attorney's fees and expenses in the amount of $ 9,084.53 it incurred in pursuing a pre-petition fraudulent conveyance action that was subsequently removed to federal court, pursuant to 11 U.S.C.S. § 503(b)(3) and (4).
Ruling: 
Attorneys' fees in fraudulent conveyance action recoverable as administrative expense claim only to the extent incurred postpetition.
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Commercial case opionion summary, case decided on May 27,2008, LexisNexis #0808-011

In re Wayne Engg Corp.

Chapter 7 trustee filed objections to the proof of claim of creditor consultant, alleged to be for $282,500, which the consultant was entitled to priority. The trustee argued that the claim, which arose out of a consulting agreement with debtor's prepetition receiver, should be denied.
Ruling: 
Receiver's consultant was not entitled to administrative expense claim for sale of debt in which it did not participate and from which receiver did not benefit.
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In re Beale

In an involuntary chapter 7 proceeding, the court denied a motion by the chapter 7 trustee to employ a certain law firm as special counsel. This law firm was creditor's counsel and had investigated debtor's finances prior to the petition date. The creditor incurred substantial legal fees and expenses. The creditor moved for allowance of an administrative expense claim under 11 U.S.C. § 503(b)(3)(B). The U.S. Trustee filed an objection.
Ruling: 
Creditor was not entitled to administrative expense claim for legal fees incurred in recovery of assets conducted without court approval.
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In re Hackney

Under 11 U.S.C. § 507, a creditor bank sought an allowance of administrative expenses representing professional fees and litigation expenses it incurred in a prepetition state court fraudulent conveyance action against the debtor and numerous transferees of the debtor. After the debtor filed its chapter 7 petition, the trustee substituted as plaintiff and settled the lawsuit.
Ruling: 
Fees and expenses incurred by bank in prepetition fraudulent conveyance action against debtor were not entitled to prioriy administrative status.
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