Title

Jurisdiction

Decided date

Filing type

11 U.S.C.
- § 507
- § 507(b)

Bennett, In re

Nov

2023

Ruling

Creditor was not entitled to a super-priority administrative expense claim as adequateprotection payments to the creditor had ceased more than two years before the car was taken.(Bankr. M.D. Ala.)

Issue(s)

Priorities; Secured Creditor's Claim for Inadequacy of Adequate Protection.

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Court :

Middle District of Alabama ( Judge Hawkins ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on November 30, 2023 , LexisNexis #0224-009

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11 U.S.C.
- § 507
- § 507(b)

Mandile, In re

Apr

2021

Ruling

Debtor’s failure to make adequate protection payments did not entitle the creditor to anallowable administrative expense for the use of its property. (Bankr. N.D. Ill.)

Issue(s)

Priorities; Secured Creditor's Claim for Inadequacy of Adequate Protection.

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Court :

Northern District of Illinois ( Judge Thorne ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on April 23, 2021 , LexisNexis #0621-033

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11 U.S.C.
- § 507
- § 507(b)

Specialty Retail Shops Holding Corp., In re

Aug

2019

Ruling

Creditor was not entitled to a superpriority administrative expense claim for reclamationrights as lenders prior rights rendered the claim valueless. (Bankr. D. Neb.)

Issue(s)

Priorities; Secured Creditor's Claim for Inadequacy of Adequate Protection.

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Court :

District of Nebraska ( Judge Saladino ) [ Bankruptcy Court ]

Commercial opinion summary, case decided on August 30, 2019 , LexisNexis #1019-081

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11 U.S.C.
- § 507
- § 507(b)

In re Genesis Press Inc.

Jan

2014

Ruling

Request for super priority status for administrative expense claim for postpetition lease payments denied.

Issue(s)

Was creditor entitled to super priority treatment of administrative expense claim for postpetition lease payments.

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Court :

District of South Carolina ( Judge Burris ) [ Bankruptcy Court ]

Commercial opinion summary, case decided on January 02, 2014 , LexisNexis #0214-012

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11 U.S.C.
- § 507
- § 507(b)

In re Netal Inc.

Sep

2012

Ruling

IRS was not entitled to superpriority administrative expense status for diminution claim where union benefits claim was superior.

Procedural posture

The IRS filed an application for approval of its super-priority administrative expense claim under 11 U.S.C.S. § 507(b). Two union benefit plans covering the chapter 7 debtor's employees objected to the application on the grounds that the debt owed to them for plan contributions that should have been made within 180 days prior to the bankruptcy filing took priority over the IRS's super-priority claim under 11 U.S.C.S. § 724(b).

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Court :

District of Nebraska ( Judge Mahoney ) [ Bankruptcy Court ]

Commercial opinion summary, case decided on September 26, 2012 , LexisNexis #1012-081

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11 U.S.C.
- § 507
- § 507(b)

In re Mary Holder Agency Inc.

Sep

2012

Ruling

Creditor not entitled to superpriority administrative expense claim for replacement liens absent showing of decline in value of cash collateral.

Procedural posture

A creditor filed a motion to establish a superpriority administrative expense claim under 11 U.S.C.S. §§ 503(b) and 507(b).

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Court :

District of New Jersey ( Judge Kaplan ) [ Bankruptcy Court ]

Commercial opinion summary, case decided on September 24, 2012 , LexisNexis #1012-123

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11 U.S.C.
- § 507
- § 507(b)

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

Oct

2010

Ruling

Bankruptcy court undervalued superpriority administrative expense claim of creditors whose cash collateral was used to preserve value of estate.

Procedural posture

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.

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Court :

Judge or Jurisdiction information not available

Consumer opinion summary, case decided on October 19, 2010 , LexisNexis #1110-044

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11 U.S.C.
- § 507
- § 507(b)

In re Lincolnshire Campus LLC

Jul

2010

Ruling

Trustee granted a perfected continuing replacement lien and security interest and a super- priority administrative expense claim as adequate protection for debtor's use of cash collateral.

Procedural posture

Pursuant to an agreement between the debtor-in-possession and the indenture trustee for its bonds, the court considered a proposed order regarding the use of cash collateral and adequate protection.

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Court :

Northern District of Texas ( Judge Jernigan ) [ Bankruptcy Court ]

Commercial opinion summary, case decided on July 28, 2010 , LexisNexis #0111-121

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11 U.S.C.
- § 507
- § 507(b)

In re University Center Hotel Inc.

Jul

2006

Ruling

Posting of supersedeas bond sufficient to make creditor whole made superpriority status for claim unnecessary.

Procedural posture

A creditor filed an application, pursuant to 11 U.S.C. § 507(b), for superpriority treatment of its general administrative expense claim against a bankruptcy debtor based on a failure of adequate protection.

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Court :

Northern District of Florida ( Judge Killian ) [ Bankruptcy Court ]

opinion summary, case decided on July 05, 2006 , LexisNexis #0906-055

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