Legal Opinion · Dissent

Mediofactoring v. McDermott (In Re Connolly North America, LLC)

Court of Appeals for the Sixth Circuit

Decided September 21, 2015No. 13-2489Published

1DissentKathleen M. O’Malley, Circuit Judge

The question presented in this appeal is a purely legal one: does § 503(b) of the Bankruptcy Act of 1978 (“Bankruptcy Code”) authorize a bankruptcy court to reimburse a creditor for costs incurred in *820providing a “substantial contribution” to the administration of a bankruptcy estate and to classify that reimbursement as an administrative expense? The bankruptcy court that considered Coface’s request for such a reimbursement decided that the answer was no. On - appeal, the district court agreed with that conclusion. The majority reverses, concluding that § 503(b), though not expressly…

2Cases cited39 opinions

  1. Freytag v. CommissionerSupreme Court of the United States · 1991
  2. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  3. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  4. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  5. Helvering v. HallockSupreme Court of the United States · 1940

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