Legal Opinion
In re Howrey LLP
United States Bankruptcy Court, N.D. California
Decided August 11, 2015No. Bankruptcy Case No. 11-3137 6DMPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM DECISION ON OBJECTIONS TO LANDLORDS’ CLAIMS
DENNIS MONTALI, U.S. Bankruptcy Judge
1. INTRODUCTION
On a question of apparent first impression, the court must decide whether claims of landlords for unpaid rent accruing during the interval between the filing of an involuntary petition and the order for relief are entitled to priority under the Bankruptcy Code. For the reasons that follow, the court concludes that they are entitled to gap priority and thus the objections will be overruled.
II. FACTS1
Petitioning creditors filed an involuntary petition under chapter 72 against Howrey LLP…
2Cases cited15 opinions
- In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica CorporationCourt of Appeals for the Fifth Circuit · 1983
- In the Matter of Oxford Management, Inc., Debtor. Michael Chiasson, Trustee of Chapter 7 Bankruptcy Estate of Oxford Management, Inc. v. J. Louis Matherne and Associates, in the Matter of Oxford Management Inc., Debtor. Michael Chiasson, Trustee of Chapter 7 Bankruptcy Estate of Oxford Management, Inc. v. Katherine A. BinglerCourt of Appeals for the Fifth Circuit · 1993
- SNTL Corp. v. Centre InsuranceCourt of Appeals for the Ninth Circuit · 2009
- In Re Bce West, L.P., Debtor, Einstein/noah Bagel Corp. v. Gerald K. SmithCourt of Appeals for the Ninth Circuit · 2003
- In Re David Abercrombie, Debtor. David Abercrombie v. Hayden Corporation, Dba Hillman Properties NorthwestCourt of Appeals for the Ninth Circuit · 1998
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3Cited by1 opinion
- In re Health Trio, Inc.United States Bankruptcy Court, D. Colorado · 2018