- 11 U.S.C.
In re Center Field Props. LLC
Jul
03
2013
Ruling
Creditor entitled to administrative expense claim for portion of fee earned between petition date and rejection of licensing agreement.
Procedural posture
Creditor of chapter 11 debtor filed a motion for payment of a sum as a post- petition administrative claim under 11 U.S.C.S. § 503(b)(1)(A) based on a license agreement with the debtor. The debtor filed an objection to the amount requested.
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Court
:
- 11 U.S.C.
Teta v. Chow (In re TWL Corp.)
Mar
29
2013
Ruling
Denial of class certification of WARN Act administrative expense claim reversed.
Procedural posture
In an adversary proceeding to enforce the Worker Adjustment and Retraining Notification Act (WARN Act), 29 U.S.C.S. §§ 2101-2109, against debtor employer, the bankruptcy court denied appellant employee's motion for class certification and granted the Trustee's motion to dismiss. The United States District Court for the Eastern District of Texas affirmed the bankruptcy court's order. The employee appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Rattler
Mar
06
2013
Ruling
Administrative expense claim allowed for debtor's postpetition rental arrearage.
Procedural posture
Debtor's chapter 13 matter was before the court pursuant to a creditor's Motion to Allow Administrative Claim related to debtor's failure to meet her obligations to pay rent under a post-petition residential lease.
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Court
:
- 11 U.S.C.
Conn v. Dewey & Leboeuf LLP (In re Dewey & Leboeuf LLP)
Feb
11
2013
Ruling
Administrative priority status of WARN Act claims not asserted in adversary proceeding had to be determined in debtor's main case.
Procedural posture
In a putative class action adversary proceeding, plaintiff employee sought relief for alleged violations of the Federal Worker Adjustment and Retraining Notification (WARN) Act and a determination that the alleged class claims are entitled to administrative expense or wage priority status. Defendant, a chapter 11 debtor, filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6).
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Court
:
- 11 U.S.C.
In re Azevedo
Jan
22
2013
Ruling
Administrative expense claim by creditor who sold feed to debtor during pendency of chapter 13 case allowed.
Procedural posture
A chapter 7 trustee objected to a creditor's application for an administrative expense claim under 11 U.S.C.S. § 503(b)(1)(A) with respect to purchases by the debtor from the creditor during the pendency of the debtor's chapter 12 case. The trustee alleged that the transactions did not occur in the ordinary course of business for purposes of 11 U.S.C.S. § 364(a).
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Court
:
- 11 U.S.C.
In re Grubb & Ellis Co.
Oct
02
2012
Ruling
Real estate brokers not entitled to administrative expense claim for commission where right to payment arose postpetition.
Procedural posture
Movants, real estate brokers formerly associated with debtor brokerages, asked the court to allow their claim for administrative expenses per 11 U.S.C.S. § 503(b)(1)(A). Both debtors and the unsecured creditors' committee objected to the underlying motion and to the claim on the ground that it was not properly classified as an "administrative expense" thereunder.
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Court
:
- 11 U.S.C.
In re Pulliam
Sep
26
2012
Ruling
Pro se debtor's application for compensation denied except for utility and storage costs.
Procedural posture
Chapter 7 debtor filed a notice of application for payment of professional fees and costs in the total amount of $368,582, including $312,000 for her own labor billed at $300 per hour, and $27,000 for her co-debtor's labor billed at $60 per day. The Trustee filed an objection.
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Court
:
- 11 U.S.C.
Executive Sounding Bd. Assocs. V. Moshannon Valley Citizens Inc. (In re Moshannon Valley Citizens Inc.)
Apr
24
2012
Ruling
Financial advisor not entitled to fees and expenses not necessary to preserve value of estate and not included in approved retainer agreement.
Procedural posture
Chapter 11 debtor's financial advisor, filed a motion to enforce a compensation order previously entered in the debtor's bankruptcy case and to obtain reimbursement of the fees and expenses that it incurred in filing the motion.
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Court
:
- 11 U.S.C.
LAX Enter. L.P. v. RadLAX Gateway Hotel LLC (In re RadLAX Gateway Hotel LLC)
Jan
26
2012
Ruling
Administrative expense claim for debtor's occupation of property over creditor's non-exclusive easement properly disallowed.
Procedural posture
Appellant property owner challenged a decision of the U.S. Bankruptcy Court for the Northern District of Illinois, which denied the owner's administrative claim under 11 U.S.C.S. § 503(b) against appellee debtors.
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Court
:
- 11 U.S.C.
In re Resource Tech. Corp.
Oct
31
2011
Ruling
Denial of administrative expense claim for hotel allegedly devalued by debtor's adjacent failed landfill affirmed.
Procedural posture
After conversion from Chapter 11 to 7, and four days after a trustee was appointed, the debtor's gas collection system at a landfill failed, creating a nuisance to a neighboring hotel, whose owner, as a creditor, filed an 11 U.S.C.S. §§ 503(b)(1)(A), 507(a)(2), administrative claim. The U.S. District Court for the Northern District of Illinois, Eastern Division, affirmed the rejection of the administrative claim. The owner appealed.
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Court
:
Judge or Jurisdiction information not available