Skip to main content

§ 507(a)(4)

Greenup Indus. LLC, In re

Ruling
Project manager's claim for wages, salaries, and commissions did not accrue within 180 days of the debtor's bankruptcy filing and was not a priority unsecured claim. (Bankr. E.D. La.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

ABI Membership is required to access the full summary of Greenup Indus. LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 08, 2024 , LexisNexis #1224-058

Villas of Windmill Point II Prop. Owners Ass'n, In re--Osborne v. Lesko

Ruling
Improperly computed wage claim disallowed on trustee’s objection. (Bankr. S.D. Fla.)The Wage Claim failed as a claim under 11 U.S.C. § 507(a)(4)(A) and must be valued at zero becausedefendant director's asserted hours included time for which he was administratively adjudicated to bedisabled and therefore unable to work and the director's computations did not reflect any reductions inbilled hours for holidays, vacations, or, significantly, his own incarceration; [2]-Trustee's objection to theBonus Claim was sustained because like the Wage Claim, Severance Claim, and Delinquency Claim, itwas the product of ultra vires acts by the directors.Villas of Windmill Point II Prop. Owners Ass'n, In re--Osborne v. Lesko, 2021 Bankr. LEXIS 1144 (Bankr. S.D. Fla.April 29, 2021) (Mora, B.J.).
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions; Individual.

ABI Membership is required to access the full summary of Villas of Windmill Point II Prop. Owners Ass'n, In re--Osborne v. Lesko Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 29, 2021 , LexisNexis #0621-032

GUE Liquidation Cos., In re

Ruling
Corporate creditors are not entitled to priority for prepetition wage claims. (Bankr. D. Del.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

ABI Membership is required to access the full summary of GUE Liquidation Cos., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 26, 2021 , LexisNexis #0521-034

GUE Liquidation Cos., In re

Ruling
Corporate creditors are not entitled to priority for prepetition wage claims. (Bankr. D. Del.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

ABI Membership is required to access the full summary of GUE Liquidation Cos., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 26, 2021 , LexisNexis #0521-034

Alexander, In re--Munding v. Meade

Ruling
Court determined that the services performed and costs incurred by a Chapter 7 debtor'sattorney provided a certain value and her proof of claim was secured. (Bankr. E.D. Wash.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

ABI Membership is required to access the full summary of Alexander, In re--Munding v. Meade Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 21, 2020 , LexisNexis #1120-005

King Par, LLC, In re

Ruling
Wage claim was not entitled to priority status. (Bankr. E.D. Mich.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions; Sales Commissions.

ABI Membership is required to access the full summary of King Par, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 07, 2019 , LexisNexis #0419-081

Spinks, In re

Ruling
Court held that the 180-day period of 11 U.S.C. § 507(a)(4) was not subject to equitable tollingas it was not a statute of limitation intended to protect against stale claims but to protectworkers in the event of their employer's bankruptcy. (Bankr. S.D. Ga.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

ABI Membership is required to access the full summary of Spinks, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 21, 2018 , LexisNexis #1018-008

Spinks, In re

Ruling
Court held that the 180-day period of 11 U.S.C. § 507(a)(4) was not subject to equitable tollingas it was not a statute of limitation intended to protect against stale claims but to protectworkers in the event of their employer's bankruptcy. (Bankr. S.D. Ga.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

ABI Membership is required to access the full summary of Spinks, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 21, 2018 , LexisNexis #1018-008

Golden Gate Cmty. Health, In re

Ruling
Severance claim was not entitled to priority as the vesting of the right to payment was outside the 180-day period prior to the bankruptcy. (Bankr. N.D. Cal.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

ABI Membership is required to access the full summary of Golden Gate Cmty. Health, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 20, 2017 , LexisNexis #1017-098

Pioneer Health Servs., In re

Ruling
Motion to approve critical vendor payments to affected physicians denied where court found no significant offsetting bankruptcy-related justification for classifying the physicians as critical vendors. (Bankr. S.D. Miss.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

ABI Membership is required to access the full summary of Pioneer Health Servs., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 04, 2017 , LexisNexis #0517-040