Legal Opinion
AgriProcessors, Inc. v. Fokkena (In Re Tama Beef Packing, Inc.)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided March 14, 2005No. BAP 04-6039NIPublishedCited by 1 opinion
1Opinion of the Court
VENTERS, Bankruptcy Judge.
This is an appeal of an order of the bankruptcy court determining the amount of AgriProcessors, Inc.’s administrative expense claim to be $4,896. For the reasons stated below, we reverse the court’s order.
I. STANDARD OF REVIEW
“Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the bankruptcy court to judge the credibility of the witnesses.” Fed. R. Bankr.P. 8013. Legal conclusions are reviewed de novo. Waterman v. Ditto (In re Waterman), 248 B.R. 567,…
2Cases cited4 opinions
- In Re: O'Brien Environmental Energy, Inc., Debtor Calpine Corporation v. O'Brien Environmental Energy, Inc., Now Known as Nrg Generating (u.s.), IncCourt of Appeals for the Third Circuit · 1999
- In Re WatermanUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
- AgriProcessors, Inc. v. Iowa Quality Beef Supply Network, L.L.C. (In Re Tama Beef Packing, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2003
- In Re President Casinos, Inc.United States Bankruptcy Court, E.D. Missouri · 2004
3Cited by1 opinion
- In Re TropeaUnited States Bankruptcy Court, N.D. West Virginia · 2006