Broadway Realty I Co., LLC, In re
Jun
29
2025
Ruling
Combination of equity cushions and purported benefits to creditor did not provide adequate protection to justify proposed use of cash collateral. (Bankr. S.D.N.Y.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.
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Court
:
Hyatt, In re
Mar
26
2025
Ruling
Proposed settlement improperly sought to recover administrative expenses from the debtor's exempt homestead proceeds by effectively transferring the exempt funds to the IRS and having the trustee recover those funds from the IRS liens without reducing the IRS claim against the debtor. (Bankr. E.D.N.Y.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.
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Court
:
Crane, In re
Jun
29
2022
Ruling
A surcharge on a credit bid was not prohibited by 11 U.S.C. 506(c) or controlling case law asthe amount each secured creditor would be permitted to credit bid had not been clearlyestablished. (Bankr. S.D. Tex.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.
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Court
:
Stollings Trucking Co., In re
Sep
27
2019
Ruling
Debtor was not entitled to surcharge legal and professional expenses against taxing authoritywithout providing the authority with a direct and non-incidental benefit. (Bankr. S.D. W. Va.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.
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Court
:
Judge or Jurisdiction information not available
Chariots of Palm Beach, In re
Sep
27
2019
Ruling
Motions to dismiss trustee’s surcharge claims granted. (Bankr. S.D. Fla.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.
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Court
:
Happy Jack's Petroleum, Inc., In re
May
28
2019
Ruling
Motion for leave to pursue a surcharge denied as creditor had not provided any evidence thatits claims were colorable or that trustee unjustifiably refused to pursue the claim. (Bankr. D.Neb.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.
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Court
:
Tara Retail Grp., Inc., In re
Jun
15
2018
Ruling
Debtor's motion to surcharge was denied as debtor's attorney's fees and expenses requestedin the fee application were not incurred primarily to protect or preserve creditor's collateral.(Bankr. N.D. W. Va.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.
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Court
:
Bird, In re
Nov
30
2017
Ruling
Bankruptcy court did not err in concluding appellants' services were neither necessary norbeneficial to the estate where trustee's negotiation of a carve-out will harm debtors in process.(10th Cir.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.
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:
Judge or Jurisdiction information not available
NETtel Corp., In re
Sep
29
2017
Ruling
The 11 U.S.C. § 506(c) provision is a recovery provision not for the benefit of the claimant, butthe estate. (Bankr. D.D.C.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.
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Court
:
Southwest Sec. FSB v. Segner (In re Domistyle Inc.)
Dec
29
2015
Ruling
Secured creditor to which trustee abandoned debtor's property properly ordered to pay maintenance expenses incurred while trustee was attempting to sell the property.
Issue(s)
Should the estate or the secured creditor pay the property's maintenance expenses incurred while the trustee was trying to sell the property?
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Court
:
Judge or Jurisdiction information not available