§ 503(b)(3)(D)

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 FF Holdings Corp.

Investment fund brought before the court an application for allowance of expenses from debtors pursuant to 11 U.S.C. § 503(b)(3) and (4). Debtors did not oppose the fund's application; however, the trustee filed an objection.
Ruling: 
Investment fund was granted application for allowance of expenses since the fund provided a substantial contribution to debtors'estate and creditors.
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