Home » Bankruptcy Process and Procedure » Administrative Expense Claims

USA, IRS v. Lange (In re Netal, Inc.)

Citation:
Internal Revenue Service v. Lange, Chapter 7 Trustee
Ruling:
The BAP reversed the bankruptcy court's denial of the Internal Revenue Service's ("Government") motion for an evidentiary hearing on its Sec. 507(b) motion in the event the bankruptcy court found...
Judge(s):
Kressel, Schermer, and Shodeen
Tag(s):

Kipperman v. IRS (In re 800Ideas.com, Inc.)

Citation:
Kipperman v. IRS (In re 800Ideas.com, Inc.), Case No. 12-1496 (9th Cir. BAP July 22, 2013)
Ruling:
The Ninth Circuit BAP agreed with the bankruptcy court’s decision that the tax penalties were properly assessed because the trustee failed to demonstrate reasonable cause for his delay in filing...
Judge(s):
Jury, Bason, and Pappas
Tag(s):

Alton v. KeyBank, N.A. (In re Powell's International, Inc.)

Citation:
Bk. No. 10-02965-GBN
Ruling:
The bankruptcy appellate panel found Non-Debtor Mr. Alton's appeals moot. While Alton may equitably be entitled to $126,000, there is no mechanism under the Code for satisfying his claim. Based...
Judge(s):
Taylor, Ahart, Jury
Tag(s):

Peoples v. Radloff (In re Peoples)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 11 years 6 months ago
Citation:
No. 12-6065 (B.A.P. 8th Cir. July 2, 2013)
Ruling:
A debtor lacks standing to set aside an order approving a trustee’s settlement of litigation when the debtor does not have a pecuniary interest in the litigation. To establish standing by way of...
Judge(s):
Kressel, Saladino and Shodeen, Bankruptcy Judges.
Tag(s):

In re Appalachian Fuels, LLC

Citation:
In re: Appalachian Fuels, LLC, et al., B.A.P. Case No. 12-8026 (6th Cir. B.A.P. Apr. 19, 2013)
Ruling:
The BAP affirmed that the Bankruptcy Court did not abuse its discretion by denying administrative expense claims where there was insufficient evidence to pierce the corporate veil and impose...
Judge(s):
Harris, Humphrey, and Preston, Bankruptcy Appellate Panel Judges (Opinion by Arthur I. Harris)
Tag(s):

Sui v. Marshack (In re Sui)

  • Summarized by Lovee Sarenas , Sklar Hirsh
  • 11 years 9 months ago
Citation:
Not for Publication
Ruling:
The Bankruptcy Appellate Panel affirmed a bankruptcy court's decision to reconvert a chapter 13 case to chapter 7 based on debtor's bad faith conduct instead of dismissing the chapter 13 case. The...
Judge(s):
An appeal came from a decision of the Hon. Catherine BAUER, bankruptcy judge for the Central District of California The appeal came before Bankruptcy Appellate Panel judges: Ralph KIRSCHER, Jim PAPPAS and Randall DUNN.
Tag(s):

Deckard v. Interstate Bakeries Corp. (In re Interstate Bakeries Corp.)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 11 months ago
Citation:
Deckard v. Interstate Bakeries Corporation (In re Interstate Bakeries Corporation), No. 11-1595, slip. op. (8th Cir. Jan. 25, 2013)
Ruling:
Eighth Circuit affirmed grant of summary judgment by bankruptcy court in favor of defendant/debtor on creditor's claim for civil penalties for debtor's failure to give notices required under the...
Judge(s):
Eighth Circuit Judges Bye, Gruender, and Shepherd.
Tag(s):

ASARCO, L.L.C. v. Barclays Capital, Inc. (In re ASARCO, L.L.C.)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 12 years 3 weeks ago
Citation:
Case No. 11-41010 (5th Cir. December 11, 2012)
Ruling:
REVERSED and REMANDED award of Section 328(a) fee enhancement to Debtor Asarco's financial advisor for further proceedings because clear error was not the appropriate standard for reviewing a...
Judge(s):
Wiener, Elrod and Southwick, Circuit Judges
Tag(s):

The Prudential Insurance Company of America v. City of Boston (In re SW Boston Hotel Venture, LLC)

Citation:
Prudential Ins. Co. v. City of Boston (In re SW Boston Hotel Venture, LLC), BAP NOS. MB 11-079, MB 11-082, MB 11-085, MB 11-086; Bankr. Case No. 10-14535-JNF (B.A.P. 1st Cir. Oct. 1, 2012)
Ruling:
In a dispute between a developer-debtor and its primary secured lender, the BAP AFFIRMED the bankruptcy court's decision to calculate postpetition interest (506(b)) owing to the lender at the...
Judge(s):
Haines, Deasy, and Tester, United States Bankruptcy Appellate Panel Judges
Tag(s):

In re Tropicana Entertainment LLC

  • Summarized by Craig Springer , Cross & Simon, LLC
  • 12 years 4 months ago
Citation:
In re Tropicana Entertainment LLC, et al, --- F.3d ---, 2012 WL 3776531, No. 10-3970 (3d Cir. Aug. 31, 2012)
Ruling:
The Third Circuit Court of Appeals held that an ad hoc noteholder committee’s (the “Noteholder Committee”) fees were not entitled to administrative priority pursuant to 11 U.SC. §...
Judge(s):
Ambro, Chagares and Aldisert
Tag(s):

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