Legal Opinion

In Re AFCO Enterprises, Inc.

United States Bankruptcy Court, D. Utah

Decided November 16, 1983No. 19-02024PublishedCited by 38 opinions

1Opinion of the Court

MEMORANDUM OPINION

GLEN E. CLARK, Bankruptcy Judge.

The trustee in the above-entitled cases requests an award of his costs and expenses incurred in connection with the largest asset of the consolidated estates, a resort complex located in Cache County, Utah known as Sherwood Hills. The trustee seeks payment from the first lienholder on the property, Deseret Federal Savings & Loan, (Deseret Federal) which has previously been permitted to foreclose its lien and sell the property. The trustee relies upon 11 U.S.C. § 506(c) as the statutory authority for his request. Section 506(c) states:

The…

2Cases cited4 opinions

  1. In the Matter of Trim-X, Inc., Debtor. Appeal of Maurice Levine, Trustee in BankruptcyCourt of Appeals for the Seventh Circuit · 1983
  2. In Re Curlew Valley AssociatesUnited States Bankruptcy Court, D. Utah · 1981
  3. Ford Motor Credit Co. v. Jim Kelly Ford of Dundee, Ltd. (In Re Jim Kelly Ford of Dundee, Ltd.)District Court, N.D. Illinois · 1981
  4. Communication & Studies International, Ltd. v. Bank of America, N. T. & S. A. (In Re World of English, N. v.United States Bankruptcy Court, N.D. Georgia · 1982

3Cited by38 opinions

  1. 15 Collier bankr.cas.2d 563, Bankr. L. Rep. P 71,437 in Re McKeesport Steel Castings Company. In Re McKeesport Steel Castings Company, Debtor. Equitable Gas Co. v. Equibank N.A., Condec Corporation. Appeal of Equitable Gas Company, a Division of Equitable Resources, Inc., MovantCourt of Appeals for the Third Circuit · 1986
  2. In Re Flagstaff Foodservice CorporationCourt of Appeals for the Second Circuit · 1985
  3. In Re T.P. Long Chemical, Inc.United States Bankruptcy Court, N.D. Ohio · 1985
  4. In Re SweetwaterUnited States Bankruptcy Court, D. Utah · 1984
  5. In Re Pullman Construction Industries Inc.United States Bankruptcy Court, N.D. Illinois · 1990

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