In re Ohio Valley Amusement Co.

Pre 2005-Act: 
Pre 2005-Act
Creditor not entitled to adminstrative expense claim for unauthorized postpetition financings.
Procedural posture: 
A creditor of a chapter 11 debtor sought to be allowed an administrative claim under 11 U.S.C.S. § 503(b)(1) against the debtor's estate for two unauthorized, post-petition loans to the debtor. The debtor filed a motion for summary judgment on the grounds that the creditor failed to follow the requirements for post-petition financing set forth in 11 U.S.C.S. § 364.
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Commercial case opionion summary, case decided on December 01,2008, LexisNexis #0109-066