Legal Opinion

Ohio Valley Flooring, Inc. v. Flooring America, Inc. (In Re Flooring America, Inc.)

United States Bankruptcy Court, N.D. Georgia

Decided November 29, 2001No. 00-68370PublishedCited by 2 opinions

1Opinion of the Court

ORDER

JOYCE BIHARY, Bankruptcy Judge.

This Chapter 11 case is before the Court on a motion filed by Ohio Valley Flooring, Inc. (“Ohio Valley”), seeking an administrative expense claim under § 546(c)(2)(A). This matter is a core proceeding under 28 U.S.C. §§ 157(b)(2)(A), (B), and (O). After carefully considering all the parties’ briefs and the stipulated facts, the Court concludes that under the facts of this case, Ohio Valley’s motion must be denied.

I. Factual Background

The facts are undisputed. 1 Debtor owned and operated one of the largest floor covering networks in North America. Debtor and…

2Cases cited11 opinions

  1. Stowers v. MahonCourt of Appeals for the Fifth Circuit · 1976
  2. In Re Pester Refining Company, Debtor. Pester Refining Company v. Ethyl Corporation, in Re Pester Refining Company, Debtor. Pester Refining Company v. Ethyl Corporation, the Official Unsecured Creditors Committee, Intervenor Below. In Re Pester Refining Company, Debtor. Pester Refining Company v. Ethyl Corporation, the Official Unsecured Creditors Committee, Intervenor BelowCourt of Appeals for the Eighth Circuit · 1992
  3. Galey & Lord Inc. v. Arley Corp. (In Re Arlco, Inc.)United States Bankruptcy Court, S.D. New York · 1999
  4. In the Matter of Reliable Drug Stores, Inc., Debtors. Bindley Western Industries, Inc.Court of Appeals for the Seventh Circuit · 1995
  5. Isaly Klondike Co. v. Sunstate Dairy & Food Products Co. (In Re Sunstate Dairy & Food Products Co.)United States Bankruptcy Court, M.D. Florida · 1992

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3Cited by2 opinions

  1. In Re StoutUnited States Bankruptcy Court, N.D. Iowa · 2006
  2. In Re Nitram, Inc.United States Bankruptcy Court, M.D. Florida · 2005

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