§ 506(c)

Stollings Trucking Co., In re

Ruling: 
Debtor was not entitled to surcharge legal and professional expenses against taxing authoritywithout providing the authority with a direct and non-incidental benefit. (Bankr. S.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Commercial case opionion summary, case decided on September 27,2019, LexisNexis #1119-060

Chariots of Palm Beach, In re

Ruling: 
Motions to dismiss trustee’s surcharge claims granted. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on September 27,2019, LexisNexis #1119-061

Happy Jack's Petroleum, Inc., In re

Ruling: 
Motion for leave to pursue a surcharge denied as creditor had not provided any evidence thatits claims were colorable or that trustee unjustifiably refused to pursue the claim. (Bankr. D.Neb.)
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Commercial case opionion summary, case decided on May 28,2019, LexisNexis #0819-035

Tara Retail Grp., Inc., In re

Ruling: 
Debtor's motion to surcharge was denied as debtor's attorney's fees and expenses requestedin the fee application were not incurred primarily to protect or preserve creditor's collateral.(Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on June 15,2018, LexisNexis #0718-069

Bird, In re

Ruling: 
Bankruptcy court did not err in concluding appellants' services were neither necessary norbeneficial to the estate where trustee's negotiation of a carve-out will harm debtors in process.(10th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on November 30,2017, LexisNexis #0118-010

NETtel Corp., In re

Ruling: 
The 11 U.S.C. § 506(c) provision is a recovery provision not for the benefit of the claimant, butthe estate. (Bankr. D.D.C.)
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Commercial case opionion summary, case decided on September 29,2017, LexisNexis #1117-044

Southwest Sec. FSB v. Segner (In re Domistyle Inc.)

Ruling: 
Secured creditor to which trustee abandoned debtor's property properly ordered to pay maintenance expenses incurred while trustee was attempting to sell the property.
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Commercial case opionion summary, case decided on December 29,2015, LexisNexis #0116-085

In re Happy Wave LLC

Ruling: 
Surcharge of secured creditor's claim to cover fees and costs incurred in sale of property not warranted.
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Commercial case opionion summary, case decided on November 25,2015, LexisNexis #1215-083

In re Tollenaar Holsteins

Ruling: 
Bankruptcy court could surcharge secured creditor's collateral based on express or implied consent.
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Commercial case opionion summary, case decided on October 05,2015, LexisNexis #1115-011

In re Valley Process Sys.

Ruling: 
Post-dismissal, bankruptcy court could not surcharge property that was no longer property of the estate.
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Commercial case opionion summary, case decided on July 23,2014, LexisNexis #0814-085

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