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Legal Opinion

In Re Safren

United States Bankruptcy Court, C.D. California

Decided September 26, 1986No. Bankruptcy LA-82-18569-SB, LA-86-00846-SB, LA-82-18570-SB and LA-86-00847-SBPublishedCited by 33 opinions

1Opinion of the Court

OPINION

SAMUEL L. BUFFORD, Bankruptcy Judge.

I. INTRODUCTION

This contested proceeding presents two issues: (1) whether a creditor with a claim against a partnership has an allowable claim against the consolidated estates of the partners, who are debtors in possession under Chapter 11 of the Bankruptcy Code; (2) whether, if such a claim would be an administrative claim against the partnership, it is also an administrative claim in the cases of the individual partners.

The Court holds that the claim is allowable against the individual estates, but that it is a general unsecured claim, and not an…

2Cases cited6 opinions

  1. Skeen v. Harms (In Re Harms)United States Bankruptcy Court, D. Colorado · 1981
  2. In Re Minton Group, Inc.United States Bankruptcy Court, S.D. New York · 1983
  3. Turner v. Lee (In Re Minton Group, Inc.)District Court, S.D. New York · 1985
  4. Russell, Jarvis, Estabrook & Dashiell v. Kaveney (In Re Kaveney)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1985
  5. Preston v. United States (In Re 4100 North High Ltd.)United States Bankruptcy Court, S.D. Ohio · 1980

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3Cited by33 opinions

  1. Hammes v. BrumleyIndiana Supreme Court · 1995
  2. In the Matter of Statistical Tabulating Corp., Inc., Debtor. Appeal of United States of AmericaCourt of Appeals for the Seventh Circuit · 1995
  3. Federal Deposit Insurance Corporation v. Colonial Realty Company, Jonathan Googel, and Benjamin SistiCourt of Appeals for the Second Circuit · 1992
  4. Cardinal Industries, Inc. v. Buckeye Federal Savings & Loan Ass'nUnited States Bankruptcy Court, S.D. Ohio · 1989
  5. In Re: Leah Beth Woskob, Debtor Alex Woskob Helen Woskob the Estate of Victor Woskob v. Leah Beth WoskobCourt of Appeals for the Third Circuit · 2002

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