Legal Opinion
In re WM Six Forks, LLC
United States Bankruptcy Court, E.D. North Carolina
Decided September 23, 2013No. CASE NO. 12-05854-8-ATSPublishedCited by 1 opinion
1Opinion of the Court
CHAPTER 11
ORDER
A. Thomas Small, United States Bankruptcy Court Judge
The matter before the court is its order directing WM Six Forks, LLC (“debtor”) to appear and show cause why its case should not be dismissed or sanctions imposed for failure to remit the appropriate quarterly fee for the second quarter of 2013. At issue is whether a credit bid, exercised by a secured creditor pursuant to § 363(k) of the Bankruptcy Code, is considered a “disbursement” for purposes of calculating the quarterly fee due under 28 U.S.C. § 1930(a)(6). A hearing on the matter was held on September 5, 2013, in…
2Cases cited15 opinions
- Perrin v. United StatesSupreme Court of the United States · 1979
- Radlax Gateway Hotel, LLC v. Amalgamated BankSupreme Court of the United States · 2012
- Mark St. Angelo, Acting U.S. Trustee for Region 17 v. Victoria Farms, Inc.Court of Appeals for the Ninth Circuit · 1994
- In Re: Lan Associates Xi, L.P. Patricia A. Staiano, United States Trustee v. James J. Cain, Trustee for Lan Associates Xi, L.P.Court of Appeals for the Third Circuit · 1999
- Office of the United States Trustee v. Hays Builders, Inc. (In Re Hays Builders, Inc.)District Court, W.D. Tennessee · 1992
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3Cited by1 opinion
- In re Nassau Tower Realty, LLCUnited States Bankruptcy Court, D. New Jersey · 2014