Irmas Family Trust v. Madden (In Re Madden)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
Before YOLINN, RUSSELL and HAGAN, Bankruptcy Judges.
OPINION
VOLINN, Bankruptcy Judge.
OVERVIEW
Prior to filing his chapter 11 petition, the debtor commenced a suit against defendants for breach of contract in a state court. After the filing, the debtor in possession voluntarily continued with the litigation. Ultimately, defendants prevailed and were awarded attorneys’ fees pursuant to the contract. Defendants claimed administrative priority for the portion of fees incurred post-petition. The court denied priority because the fees did not constitute a benefit to the bankruptcy estate. We…
2Cases cited11 opinions
- Ohio v. KovacsSupreme Court of the United States · 1985
- Reading Co. v. BrownSupreme Court of the United States · 1968
- In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988
- 12 Collier bankr.cas.2d 686, Bankr. L. Rep. P 70,275 in Re Charlesbank Laundry, Inc., Debtor. Shepard A. Spunt v. Charlesbank Laundry, Inc.Court of Appeals for the First Circuit · 1985
- Matter of Baldwin-United Corp.District Court, S.D. Ohio · 1984
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3Cited by16 opinions
- Larry M. Siegel Selwyn Gerber v. The Federal Home Loan Mortgage Corporation J.I. Kislak Mortgage Corporation Gunther Torriani Carolyn PazCourt of Appeals for the Ninth Circuit · 1998
- Total Minatome Corp. v. Jack/Wade Drilling, Inc.Court of Appeals for the Fifth Circuit · 2001
- In Re David Abercrombie, Debtor. David Abercrombie v. Hayden Corporation, Dba Hillman Properties NorthwestCourt of Appeals for the Ninth Circuit · 1998
- Beneke Co. v. Economy Lodging Systems, Inc. (In Re Economy Lodging Systems, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
- Citybank v. Udhus (In Re Udhus)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
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