In Re Paris Industries Corporation
United States Bankruptcy Court, D. Maine
1Opinion of the Court
MEMORANDUM
FREDERICK A. JOHNSON, Chief Judge.
The sole issue addressed here is whether the transfers of claims of employees for vacation pay are “assignments” of the employee claims to Leander Acquisition Corp. or whether Leander is “subrogated” to the rights of the employees. If the transfers are unconditional assignments then the claims are entitled to the same Section 507(a)(3) priority in the hands of Leander as they were in the hands of the employees. If Leander’s rights by virtue of the transfers arise by subrogation then Leander may not be entitled to priority under Section 507(a)(3).…
2Cases cited2 opinions
- In Re Mammoth Mart, Inc., Debtor. Stanley Cramer v. Mammoth Mart, Inc.Court of Appeals for the First Circuit · 1976
- In Re Missionary Baptist Foundation of America, Inc., Debtors, Robert B. Wilson, Trustee v. Brooks Supermarket, Inc.Court of Appeals for the Fifth Circuit · 1982
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- NOVA Information Systems, Inc. v. Premier Operations, Ltd. (In Re Premier Operations)District Court, S.D. New York · 2003
- Desmond v. Retsod, Inc. (In Re Retsod, Inc.)United States Bankruptcy Court, M.D. Georgia · 1989
- In re Aurora Graphics, Inc.United States Bankruptcy Court, D. New Hampshire · 2000
- In re Shells Seafood Restaurant, Inc.United States Bankruptcy Court, M.D. Florida · 2015