§ 507

In re Anthony

Debtor filed a motion to modify and reduce the proof of claim of creditor, his ex-wife, with respect to pre-petition domestic support obligations.
Ruling: 
Debtor's obligation to pay condominium fees on behalf of former spouse was not a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on August 03,2011, LexisNexis #0911-009

In re Priester

A Chapter 13 debtor filed an objection to a claim filed by his former wife on the grounds that it was not a domestic support obligation entitled to priority status under 11 U.S.C.S. § 507(a)(1)(A) and thus, it should be treated as an unsecured, non-priority claim.
Ruling: 
Amount owed to former spouse as "balancing of the equities" was not a domestic support order and was an unsecured, non-priority claim.
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Consumer case opionion summary, case decided on July 22,2011, LexisNexis #1011-012

Matson v. Alarcon

Appellee claimants sought priority treatment under 11 U.S.C.S. § 507(a)(4) in a debtor's bankruptcy case for claims for severance compensation. The United States Bankruptcy Court for the Eastern District of Virginia, at Richmond, overruled appellant trustee's objections to priority treatment of the claims. The trustee's appeal was certified to the court of appeals.
Ruling: 
Severance compensation claim was entitled to administrative expense status.
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Commercial case opionion summary, case decided on July 06,2011, LexisNexis #0711-113

In re Rosenhouse

In a Chapter 13 case, a creditor filed a motion for approval to file an administrative claim pursuant to 11 U.S.C.S. § 507(a). The claim arose from the debtors' assumption of a vehicle lease under their Chapter 13 plan, followed by a default in making lease payments and the debtors' voluntary surrender of the vehicle. The debtors did not oppose the motion.
Ruling: 
Creditor entitled to administrative expense claim for balance of auto lease payments on surrendered and liquidated auto.
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Consumer case opionion summary, case decided on June 27,2011, LexisNexis #0711-112

In re Rabideau

Debtor filed a petition under Chapter 7 of the Bankruptcy Code, and obtained permission to convert her case to one under Chapter 13. The debtor's ex-husband filed a claim against the debtor's bankruptcy estate, and he filed an objection to a plan the debtor proposed for repaying her creditors because the plan treated his claim as a general unsecured claim. The debtor filed an objection to her ex-husband's claim.
Ruling: 
Claim based on a state court order that was a property settlement rather than a domestic support order was not entitled to priority status.
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Consumer case opionion summary, case decided on January 19,2011, LexisNexis #0211-045

In re Geo. W. Park Seed Co.

Movant creditor sought the allowance and payment of an administrative super-priority claim, under 11 U.S.C.S. § 507(a) and (b), on the basis that the adequate protection provided by the trustee for its claim secured by cash collateral had failed, causing it to suffer loss in its secured position. The chapter 11 trustee objected, asserting the creditor had released any such claim in a settlement agreement.
Ruling: 
Administrative super priority claim disallowed as released in settlement agreement.
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Commercial case opionion summary, case decided on December 29,2010, LexisNexis #0311-116

In re Palmas del Mar Country Club Inc.

This case was before the court on debtor's objection to the priority status of Proofs of Claim filed by five claimants. The claimants filed oppositions to the objection.
Ruling: 
Claims for return of club membership "deposits" that were not treated as security of held in trust were not entitled to priority status.
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Commercial case opionion summary, case decided on December 29,2010, LexisNexis #0211-076

In re Probulk Inc.

A chapter 7 trustee filed objections seeking to reclassify four claims as general unsecured claims. The claims were asserted by the exclusive administrator of the Liberian ship registry (administrator), who alleged that the claims represented annual tonnage and other taxes due to Liberia and were entitled to priority under 11 U.S.C.S. § 507(a)(8)(B) and (a)(8)(C).
Ruling: 
Tonnage and tax claims of Liberian ship registry were entitled to priority status.
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Commercial case opionion summary, case decided on December 23,2010, LexisNexis #0211-077

In re Louis Jones Enters.

A Chapter 11 debtor objected to an employee's claim for medical expenses incurred when no company health care insurance plan was in effect but deductions for health insurance were being withheld from his wages. The premiums were employee welfare benefit plan assets under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.S. §§ 1002(1) and 1103(c), which should have been segregated and held in trust for the benefit of employees.
Ruling: 
Creditor employee held priority claims for prepetition paycheck deductions that debtor employer did not apply to insurance premiums and administrative expense claims for postpetition deductions.
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Commercial case opionion summary, case decided on December 22,2010, LexisNexis #0111-077

Bank of N.Y. Trust Co. v. Pacific Lumber Co. (In re Scopac)

Debtor company sought Chapter 11 reorganization. Plaintiff creditors filed a motion for a 11 U.S.C.S. § 507(b) superpriority administrative expense claim. The bankruptcy court denied motion. A stay was not granted; direct appeal was. The United States District Court for the Southern District of Texas dismissed the creditors' appeal. The creditors sought review.
Ruling: 
Bankruptcy court undervalued superpriority administrative expense claim of creditors whose cash collateral was used to preserve value of estate.
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Consumer case opionion summary, case decided on October 19,2010, LexisNexis #1110-044

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