Home » Bankruptcy Process and Procedure » Administrative Expense Claims

McGarry & McGarry, LLC v. Rabobank, N.A.

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 7 years 11 months ago
Citation:
16 C 5978 (7th Circuit, Jan 26,2017) Not Published
Case Status:
Affirmed
Ruling:
Contracts between the trustee, his administrative servicer, and his bank, did not violate section 1972(1)(E) of the Bank Holding Company Act because the plaintiff could not show that the contracts...
Judge(s):
Posner, Manion, Williams
Tag(s):

Kun v. Mansdorf (In re Woodcraft Studios, Inc.)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 8 years 5 months ago
Citation:
In re Woodcraft Studios, Inc., No. NC-15-1143-WJuKu (9th Cir. B.A.P. July 22, 2016). Not-for-publication memorandum.
Ruling:
After a bankruptcy court has denied a request for compensation by the attorney for a debtor in possession, the attorney’s proof of claim for the denied compensation may also be disallowed.
Judge(s):
Madeleine C. Wanslee, Bankruptcy Judge for the District of Arizona, sitting by designation, and Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges.
Tag(s):

Jeffrey P. White and Associates, P.C. v. Fessenden

  • Summarized by Guy Moss ,
  • 8 years 9 months ago
Citation:
United States Bankruptcy Appellate Panel for the First Circuit, BAP No. EP 15-043, April 14, 2016
Ruling:
Reversing and remanding, the First Circuit BAP concluded that Harris v. Viegelahn, 135 S.Ct. 1829 (2015), which held that plan payments made by a chapter 13 debtor from his post-petition wages and...
Judge(s):
Boroff, Godoy, and Finkle
Tag(s):

Kingdom Fresh Produce, Inc., et al. v. Stokes Law Office, L.L.P. (In the Matter of Delta Produce, L.P.)

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 8 years 10 months ago
Citation:
No. 14-51079 Fifth Circuit Court of Appeals
Ruling:
Attorney could not be paid his fees and expenses allocable to an objecting PACA claimant as 7 U.S.C. § 499e(c)(2) requires that buyers of perishable agricultural commodities must hold receivables...
Judge(s):
Before REAVLEY, PRADO, and COSTA, Circuit Judges.
Tag(s):

Bank of America, N.A. v Horizon Ridge Medical & Corporate Center, LLC (In re Horizon Ridge Medical & Corporate Center, LLC)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 10 months ago
Citation:
BAP No. NV-14-1532-DJuKi (BAP 9th Cir. Feb. 23, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of bankruptcy court (D. Nev.), allowing fees for debtor's second bankruptcy counsel in the amount of $513k, notwithstanding confirmation of the lead...
Judge(s):
Dunn, Jury, Kirscher
Tag(s):

Stubbs & Perdue, P.A. v. Angell (In re Anderson, Jr.)

  • Summarized by Lynn Tavenner , Tavenner & Beran, PLC
  • 8 years 11 months ago
Citation:
Stubbs & Perdue, P.A. v. Angell (In re Anderson, Jr.), Case No. 15-1316 (4th Cir. Jan. 26, 2016).
Ruling:
Affirming the district court, the Fourth Circuit held that the bankruptcy court correctly interpreted/applied Landgraf v. USI Film Products, 511 U.S. 244 (1994), to find that the version of 11...
Judge(s):
Wilkinson, Keenan, and Harris
Tag(s):

Southwest Securities, FSB v. Segner, Jr.

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 9 years 1 week ago
Citation:
Case No. 14-41463 (5th Cir. Dec. 29, 2015)
Ruling:
AFFIRMED by 5th Circuit. In reviewing the origins of the "primarily for the benefit of" language from In re Delta Towers, Ltd., 924 F.2d 74, 76 (5th Cir. 1991) requirement of Section 506 (c), the...
Judge(s):
Benavides, Dennis and Costa, Circuit Judges.
Tag(s):

The Bankruptcy Law Firm, PC v. Siegel (In re Waksberg M.D., Inc.)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 2 weeks ago
Citation:
BAP No. CC-15-1109-TaKuKi (BAP 9th Cir. Dec. 22, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (C.D. Cal.) allowing fees and costs as an administrative expense, but in a substantially lower amount than desired by...
Judge(s):
Taylor, Kurtz, Kirscher
Tag(s):

Lane v. Barney (In re Lane)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 3 months ago
Citation:
Lane v. Barney, BAP No. WY-14-061 (BAP 10th Cir. Sept. 28, 2015)
Ruling:
BAP affirmed in part, and reversed in part, order of bankruptcy court (D. Wy.) taxing costs against chapter 7 debtor incurred by trustee in retaking possession of estate property. Notwithstanding...
Judge(s):
Cornish, Nugent, Somers
Tag(s):

Food Employers Labor Relations Assoc. v. The Great Atlantic & Pacific Tea Co.

  • Summarized by David Banker , Womble Bond Dickinson
  • 9 years 6 months ago
Citation:
14-3349-bk; 2d. Cir. July 2, 2015 (Summary Order - No precedential effect)
Ruling:
The United States Court of Appeals for the Second Circuit affirmed the United States District Court for the Southern District of New York's judgment affirming the Bankruptcy Court's holding that...
Judge(s):
Guido Calabresi, Circuit Judge Debra Ann Livingston, Circuit Judge William K. Sessions III, United States District Court for the District of Vermont, sitting by designation
Tag(s):

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