Home » Bankruptcy Process and Procedure » Administrative Expense Claims

Watson v. Gill (In re Watson)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 6 months ago
Citation:
In re Watson, BAP No. CC-14-1351-DTaKu (9th Cir. B.A.P. June 25, 2015).
Ruling:
The bankruptcy court properly exercised its discretion to approve retroactively a chapter 7 trustee’s employment of a law firm. Not-for-publication memorandum.
Judge(s):
Randall L. Dunn, Laura S. Taylor, and Frank L. Kurtz, Bankruptcy Judges.
Tag(s):

Siller v. Big Hill Logging and Road Building Company, Inc. (In re CWS Enterprises, Inc.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 7 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case Nos. EC-14-1195-PaJuKu and EC-14-1273-PaJuKu (June 12, 2015)
Ruling:
In the unpublished ruling from the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court on the basis that Charles Siller ("Siller") was the principal of the...
Judge(s):
PAPPAS, JURY, and KURTZ, Bankruptcy Judges.
Tag(s):

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

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 7 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):

Securities Invest. Protection Corp. v. 2427 Parent Corp. (In re Bernard L. Madoff Invest. Securities LLC)

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 9 years 10 months ago
Citation:
Nos. 14‐97‐bk(L) (August Term 2014)
Ruling:
The Securities Investor Protection Act, 15 U.S.C. § 78aaa, et seq. (“SIPA” or “the Act”), does not permit an inflation or interest adjustment to “net equity” claims for customer...
Judge(s):
STRAUB, WESLEY, and LIVINGSTON
Tag(s):

Kirschenbaum v. U.S. Dept. of Labor (In the Matter of Robert Plan Corp.)

  • Summarized by G. Warner , St. John's University School of Law
  • 9 years 11 months ago
Citation:
No. 14-1144 (2d Cir.) (Feb. 5, 2015)
Ruling:
Although the trustee is required to administer the debtor corporation's ERISA plan under 11 U.S.C. 704(a)(11), the bankruptcy court lacks jurisdiction to award compensation from the assets of the...
Judge(s):
Katzman, Lohier & Droney
Tag(s):

Eickerman v. La Jolla Group, II

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 9 years 11 months ago
Citation:
Eickerman v. La Jolla Group, II, 9th Circuit Court of Appeals No. 12-17425, Feb 6, 2015; [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Court of Appeals affirmed the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II (LJG) on LJG’s post-confirmation claim for fees and expenses...
Judge(s):
TALLMAN and RAWLINSON, Circuit Judges, and MURPHY, District Judge.
Tag(s):

Tamm v. United Sates Trustee, Honolulu (In re Hokulani Square, Inc.)

  • Summarized by Jon Powers , White and Williams LLP
  • 9 years 11 months ago
Citation:
Case No. 11-60072 (9th Cir. 2015)
Ruling:
Relying on plain language, legislative history, and following prior decisions by the Third and Fifth Circuits, the Ninth Circuit Panel held that section 326(a) of the Bankruptcy Code does not...
Judge(s):
Alex Kozinski, Raymond C. Fisher, and Paul J. Watford, Circuit Judges. Opinion by Judge Kozinski.
Tag(s):

Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 10 years 5 days ago
Citation:
Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC) 9th Cir. B.A.P., BAP Nos. AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to...
Judge(s):
KIRSCHER, DUNN and JURY, Bankruptcy Judges
Tag(s):

Starion Financial v. McCormick (In re McCormick)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 10 years 2 weeks ago
Citation:
Starion Financial v. McCormick (In re McCormick), 8th Cir. B.A.P (No. 14-6008), December 24, 2014
Ruling:
The 8th Circuit Bankruptcy Appellate Panel reversed the bankruptcy court’s order denying Starion Financial's Motion to Compel Payment of Fees Under the Confirmed Plan of Reorganization and...
Judge(s):
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges. Opinion authored by Judge Shodeen.
Tag(s):

GE Capital Commercial, Inc. v. Sylva Corp (In re Sylva Corp)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 1 month ago
Citation:
GE Capital Commercial, Inc. v. Sylva Corp (In re Sylva Corp), No. 14-61016 (BAP 8th Cir. Nov. 26, 2014)
Ruling:
The BAP for the 8th Circuit reversed and remanded to the bankruptcy court (D. Minn.) after the bankruptcy court denied an equipment lessor's motion for administrative expense claim. The BAP ruled...
Judge(s):
Federman, Saladino, Shodeen
Tag(s):

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