Legal Opinion

Boatwright v. Rau (In Re Rau)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 18, 1990No. BAP No. OR-89-1783-VRAs, Bankruptcy No. 387-03177-P11PublishedCited by 8 opinions

1Opinion of the Court

OPINION

VOLINN, Bankruptcy Judge:

OVERVIEW

The appellants appeal from an order denying their priority claim under § 507(a)(3) for unpaid wages that they assert were earned within 90 days before the debtors ceased doing business. We AFFIRM.

FACTS

The facts are not in dispute. As of April 1, 1983, the debtors operated two distinct businesses: a mining operation and a restaurant. The appellants, John and Lennie Boatwright, were employees in the debtors’ mining business until approximately August 15, 1983. The debtors’ mining business ceased within 90 days thereafter; however, their restaurant…

2Cases cited5 opinions

  1. Government of the Virgin Islands v. Warren P. Berry. Appeal of Warren Berry. Appeal of Guillermo BrignoniCourt of Appeals for the Third Circuit · 1979
  2. Blessing v. BlanchardCourt of Appeals for the Ninth Circuit · 1915
  3. Phoenix Institute of Technology v. Klein (In Re Klein)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1985
  4. Consumers Union of United States, Inc. v. SawhillTemporary Emergency Court of Appeals · 1975
  5. In re Lawsam Electric Co.District Court, S.D. New York · 1924

3Cited by8 opinions

  1. McCrary v. Barrack (In Re Barrack)United States Bankruptcy Court, S.D. California · 1996
  2. Jones v. Heskett (In Re Jones)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  3. In Re Oceanside Mission AssociatesUnited States Bankruptcy Court, S.D. California · 1996
  4. In re SpinksUnited States Bankruptcy Court, S.D. Georgia · 2018
  5. In re Sullivan Sales Corp.District Court, D. New York · 1992

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