Home » Bankruptcy Process and Procedure » Administrative Expense Claims

USA v. John Chesteen, Jr.

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 1 month 6 days ago
Citation:
19-30195 (5th Circuit, Feb 20,2020) Not Published
Case Status:
Reversed and Remanded
Ruling:
Shared-Responsibility payments (i.e., the individual mandate) under the pre-2017 version of the Affordable Care Act were not "excise taxes" entitled to priority treatment under 11 USC...
Judge(s):
Owen, Barksdale and Duncan
Tag(s):

Nabors Offshore Corporation v. Whistler Energy II, LLC

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 8 months 3 days 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):

Cranberry Growers Cooperative v. Patrick Layng

  • Summarized by Bonnie Clair , Summers Compton Wells LLC
  • 8 months 1 week ago
Citation:
No. 1:17-bk-13318-cjf (7th Cir. July 17, 2019) (7th Circuit, Jul 17,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Reversing the ruling below, the Seventh Circuit found "disbursement" to be an "expansive term" covering all payments made by or for a debtor, including direct payments to revolving lines of credit....
Judge(s):
Ripple, Manion, Sykes
Tag(s):

In re Roberson

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 10 months 3 days ago
Citation:
17-8041 (6th Circuit, May 30,2019) Not Published
Case Status:
Affirmed
Ruling:
In an opinion designated as precedential only to the parties, the Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the Bankruptcy Court ruling that a landlord's claim for residential rent...
Judge(s):
Buchanan, Dales and Humphrey, opinion by Buchanan
Tag(s):

Thomas McBride, et al v. Sharon Riley, et al (In re Sharon Boyd Riley)

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 10 months 2 weeks ago
Citation:
18-30535 (5th Circuit, May 13,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The bankruptcy court's interpretation of its own standing order regarding "no-look" compensation to Chapter 13 debtors' attorneys was reasonable. The standing order's deletion of a provision...
Judge(s):
REAVLEY, ELROD and WILLETT
Tag(s):

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

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 1 year 3 weeks 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):

Connolly v. Morreale (In re Morreale)

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 1 year 1 month ago
Citation:
BAP No. CO-18-063 (10th Circuit, Jan 22,2019) Published
Case Status:
Affirmed
Ruling:
Chapter 7 trustee, who had obtained an order in the Chapter 11 case of debtor's single-member LLC substituting himself for debtor as manager of LLC and authorizing him to manage and operate LLC's...
Judge(s):
Nugent, Michael, and Somers
Tag(s):

IN RE; REVEL AC INC.

  • Summarized by David Banker , Montgomery, McCracken, Walker & Rhoads, LLP
  • 1 year 3 months ago
Citation:
Case No. 17-3607 (UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT) (3rd Circuit, Nov 30,2018) Published
Case Status:
Affirmed
Ruling:
IDEA Boardwalk may reduce its rent obligations by certain amounts entitled to recoupment under the Lease, (1) because they “fall within the ambit of rights preserved under Code §...
Judge(s):
AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges
Tag(s):

IN RE: ENERGY FUTURE HOLDINGS CORP., et al,

Citation:
18-1109 (3rd Circuit, Sep 13,2018) Published
Case Status:
Affirmed
Ruling:
Majority holds the bankruptcy court did not abuse its discretion to reconsider its prior order, entered a year earlier, approving a break-up fee under a merger agreement. The order approving the...
Judge(s):
Greenaway, Jr. (author for majority), Fuentes, and Rendell (dissenting)
Tag(s):

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