Legal Opinion
In re Livore
United States Bankruptcy Court, D. New Jersey
Decided June 26, 2012No. 08-32423/JHWPublishedCited by 4 opinions
1Opinion of the Court
OPINION
JUDITH H. WIZMUR, Chief Judge.
Before the court is the Chapter 7 trustee’s motion to disgorge fees previously paid in the course of the administration of the Chapter 7 bankruptcy estate to a property management company retained by the trustee to service property owned and operated by the debtor. Because the services were performed in the ordinary course of the debtor’s business under *866§ 363(c)(1) of the Bankruptcy Code, and because such payments are not subject to disgorgement, the trustee’s motion is denied.
FACTS
The debtor, Paul F. Livore, filed a voluntary Chapter 11 bankruptcy…
2Cases cited14 opinions
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- In Re Roth American, Inc., Debtor. Teamsters Local Union No. 401 Health & Welfare Fund International Brotherhood of Teamsters, Local 401Court of Appeals for the Third Circuit · 1992
- In Re Continental Airlines. Nationsbank of Tennessee, N.A., F/k/a Nationsbank of Tennessee, as Collateral Trustee Under a Secured Equipment Indenture and Lease Agreement Dated March 15, 1987 ("Nationsbank") New Jersey National Bank, as Successor by Merger to Constellation Bank, N.A., F/k/a National State Bank of Elizabeth, N.J. Harris Trust and Savings Bank and Boatman's First National Bank of Oklahoma, as First, Second and Third Priority Secured Equipment Certificates Trustees Thereunder, Respectively (The "Series Trustees" And, Collectively With Nationsbank, the "Trustees")Court of Appeals for the First Circuit · 1996
- In Re Southeast Hotel Properties Limited PartnershipCourt of Appeals for the Fourth Circuit · 1996
- Armstrong World Industries, Inc. v. James A. Phillips, Inc. (In Re James A. Phillips, Inc.)District Court, S.D. New York · 1983
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3Cited by4 opinions
- In re Headlee Management Corp.United States Bankruptcy Court, S.D. New York · 2014
- In re Santa Fe Medical Group, LLCUnited States Bankruptcy Court, D. New Mexico · 2016
- Generations Management LLC v. Kelly M. Hagan and Northwestern BankUnited States Bankruptcy Court, W.D. Michigan · 2013
- In re ESJ Towers Inc; Committee of Unsecured Creditors for ESJ Towers, Inc. v. Stephen L. Nalley; Black Briar Advisors LLCUnited States Bankruptcy Court, D. Puerto Rico · 2026