Legal Opinion
Oakland County Treasurer v. Allard (In re Kerton Industrial)
District Court, E.D. Michigan
Decided September 13, 1991No. Civ. A. No. 90-71965; Bankruptcy No. 87-02418-SPublishedCited by 5 opinions
1Opinion of the Court
OPINION
GADOLA, District Judge.
The instant appeal arises out of the sale of certain real property by the trustee. The property was encumbered by a tax lien in the amount of $8,397.92 and by two consensual liens in the amount of approximately $76,136.54 and approximately $110,-000. The liens totalled over $194,000. The property was ultimately sold for $115,000.
The court is called upon to decide whether, under the circumstances of this case, 11 U.S.C. § 724(b) authorizes subordination of tax liens to administrative expenses incurred only as a result of the sale.
The case was filed as a Chapter 11…
2Cases cited2 opinions
- 16 Collier bankr.cas.2d 702, Bankr. L. Rep. P 71,754 in Re K.C. MacHine & Tool Company, Debtor, June E. Morgan, Trustee the Detroit Edison Company Dery & Dery, P.C. Hill, Lewis, Adams, Goodrich & Tait v. K.C. MacHine & Tool Company, City of DetroitCourt of Appeals for the Sixth Circuit · 1987
- Forell v. Kent County Treasurer (In Re Kamstra)United States Bankruptcy Court, W.D. Michigan · 1985
3Cited by5 opinions
- King v. Board of Supervisors (In Re A.G. Van Metre, Jr., Inc.)United States Bankruptcy Court, E.D. Virginia · 1993
- Grochocinski v. Laredo (In Re Laredo)United States Bankruptcy Court, N.D. Illinois · 2005
- Baer v. Board of County Commissioners (In Re Prairie Mining, Inc.)United States Bankruptcy Court, D. Kansas · 1996
- In re FialkowskiUnited States Bankruptcy Court, W.D. New York · 2012
- Nancy Money TurnageUnited States Bankruptcy Court, W.D. North Carolina · 2022