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§ 507(a)(4)

Jenkins v. Miley (In re Miley)

Oct
22
2008
Ruling
Workers' compensation judgment was not entitled to priority status.
Procedural posture

Plaintiff creditor filed an adversary proceeding against defendant chapter 13 debtor, seeking a judgment that $ 10,950 of a workers' compensation judgment he obtained was entitled to priority under 11 U.S.C.S. § 507(a)(4). The court entered a judgment denying the creditor's complaint, and the creditor filed a motion for a rehearing and asked the court to provide its reasons for denying his complaint.

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Consumer opinion summary, case decided on October 22, 2008 , LexisNexis #0109-046
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Falcon Creditor Trust v. Blue Cross Blue Shield (In re Falcon Prods.)

Jul
20
2007
Ruling
Transfers to third party administrator for debtor's self-funded PPO plan were below re- BAPCPA cap and not preferential.
Procedural posture

Plaintiff, the creditor trust that was the successor to the chapter 11 debtors, brought an adversary proceeding to avoid and recover alleged preferential transfers, under 11 U.S.C. §§ 547 and 550, to the defendant, the transferee of five prepetition payments from the debtors. The transferee moved for summary judgment, asserting that if the transfers were set aside, it would have a resulting priority claim under former 11 U.S.C. § 507(a)(4).

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opinion summary, case decided on July 20, 2007 , LexisNexis #0807-128
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In re Build Tech Sys.

Mar
21
2006
Ruling
Insurer was entitled to priority claim status for its claim for unpaid premiums for health insurance benefits provided to the debtor's employees.
Procedural posture

Insurer filed a claim for unpaid insurance premiums. The insurer alleged that the claim was for health insurance benefits provided to the debtor's employees, and thus was entitled to priority status under 11 U.S.C. § 507(a)(4) as a contribution to an employee benefit plan. The chapter 7 trustee objected on the basis that the asserted claim was not eligible for priority claim status.

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opinion summary, case decided on March 21, 2006 , LexisNexis #0406-086
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