- 11 U.S.C.
In re 1250 Oceanside Partners
Oct
02
2014
Ruling
Creditors entitled to an administrative expense claim for attorneys' fees due to substantial contribution to confirmation of plan without contested hearing.
Issue(s)
Whether and to what extent the creditors were entitled to an administrative expense claim for attorney's fees and costs they incurred during a case, under 11 U.S.C.S. 503(b)(3)(D), when, a half-hour before the confirmation hearing, the creditors, the debtors, and others entered into a stipulation that doubled the unsecured creditors' recovery under the debtors' plan and allowed the plan to be confirmed without a contested hearing.
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Court
:
- 11 U.S.C.
In re AMR Corp.
Aug
05
2014
Ruling
Shareholder not allowed administrative expense claim based on substantial contribution absent benefit to the estate.
Issue(s)
Was shareholder who attended multiple hearings in the debtors' cases and spoke on the record on several occasions entitled to an administrative expense claim for making a substantial contribution to the cases?
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Court
:
- 11 U.S.C.
In re Engler
Sep
30
2013
Ruling
Creditor's administrative expense claim for attorneys' fees limited to period through date of order for relief.
Issue(s)
Were creditors are entitled to an administrative expense claim for the pre-petition fees they incurred investigating debtors' Ponzi scheme, as well as the post-petition fees incurred recovering property for the benefit of the estate.
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Court
:
- 11 U.S.C.
In re Hovdebray Enters.
Sep
17
2013
Ruling
Creditor's attorney allowed administrative expense claim for fees incurred only through date of order for relief.
Issue(s)
Whether petitioning creditor was entitled to attorney's fees and expenses, which, if allowed, would have administrative priority over the claims of other creditors pursuant to 11 U.S.C.S. § 503(b)(3)(A).
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Court
:
- 11 U.S.C.
In re Internet Specialties West Inc.
Jul
16
2013
Ruling
Fees of state-appointed receiver and counsel entitled to administrative expense status.
Procedural posture
State court-appointed receiver and his counsel sought administrative priority for their fees and expenses that were incurred in the chapter 11 debtor's bankruptcy case. The priority of both the receiver's fees and those of his counsel had been put in question by the debtor in its opposition to the final report and fee requests. The court had awarded the counsel $40,000 in compensation.
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Court
:
- 11 U.S.C.
In re Tiburon View Apts. LP
Oct
22
2012
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re S&Y Enters.
Sep
28
2012
Ruling
Losing bidder on debtor's property not entitled to administrative expense claim for causing purchaser to increase offer.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re Connolly N. Am.
Sep
17
2012
Ruling
Creditor that made substantial contribution to chapter 7 case could not recover fees and costs.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Brundage-Bone Concrete Pumping Inc.
May
14
2012
Ruling
Lender group not entitled to administrative expense claims as not representing necessary, substantial contribution.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re ASARCO LLC
Sep
28
2010
Ruling
Bondholders whose plan was not confirmed were not entitled to reimbursement of expenses.
Procedural posture
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.
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Court
: