Nabors Offshore Corporation v. Whistler Energy II, LLC

• Summarized by Aaron Kaufman , Gray Reed LLP
• 5 years 5 months ago

Citation:

18-30940 (5th Circuit, Jul 26,2019) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

When can post-rejection damages be allowed as administrative expenses? The Court clarified: Claimant can prove "necessity" through "evidence of either a direct request from the...

Judge(s):

Higginson, Owen, Southwick

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Claims
• Executory Contracts/Leases
• 4001
• 9014
• 503
• 365

Michael Collins v. Tenn. Dep't of Revenue (In re Faye Foods, Inc.)

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 5 years 10 months ago

Citation:

18-5378/5386 (6th Circuit, Mar 06,2019) Not Published

Case Status:

Affirmed

Ruling:

The Court of Appeals affirmed the rulings of the District and Bankruptcy Courts that the state tax authorities' levy upon the Debtors' account was barred by the applicable statute of limitations,...

Judge(s):

Daughtrey, Gibbons and Griffin; Opinion by Gibbons

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Claims
• Professional Practice Areas
• Bankruptcy Taxation
• 11 U.S.C § 105
• 503
• 507
• 524

Collins v. J&N Restaurant Assoc., Inc.

• Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
• 7 years 11 months ago

Citation:

16-1362 (2nd Circuit, Jan 19,2017) Published

Case Status:

Affirmed

Ruling:

Affirmed district court affirming bankruptcy court dismissing fraudulent transfer action. Terms of defendants' own plans of reorganization precluded claim, even as administration claim.

Judge(s):

Chin, Raggi, Lohier

Tag(s):

• 2nd Circuit
• Bankruptcy Litigation
• Claims
• Fraudulent Transfers
• Plan Confirmation
• Practice and Procedure
• Discharge/Dischargeability
• Business Reorganization
• Commercial Fraud
• Small Business
• 1141
• 503

Dreyfuss v Cory (In the Matter of Sheldon H. Cloobeck)

• Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
• 9 years 6 months ago

Citation:

9th Cir. No. 13-15432 (June 12, 2015)

Ruling:

Chapter 7 trustee must obtain a court order authorizing the payment of federal income taxes as an administrative expense under § 503(b), after notice to creditors. Creditors' objection to Final...

Judge(s):

J. Clifford Wallace, Milan D. Smith, Jr., and Paul J. Watford, Circuit Judges.

Tag(s):

• 9th Circuit
• Administrative Expense Claims
• Bankruptcy Process and Procedure
• 503
• 505

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