Legal Opinion

In Re Bob Grissett Golf Shoppes, Inc.

United States Bankruptcy Court, E.D. Virginia

Decided June 25, 1985No. 13-14102PublishedCited by 36 opinions

1Opinion of the Court

MEMORANDUM OPINION

MARTIN V.B. BOSTETTER, Jr., Bankruptcy Judge.

The issue to be determined here is whether, and to what extent, administrative expenses of the estate may be charged against a secured creditor’s collateral.

In general, only expenses incurred directly to preserve or dispose of the property may be charged against the secured creditor’s collateral. Statutory authority for such charges is found in section 506(c) of the Bankruptcy Code. Particular charges must meet a three-prong test to determine their propriety in that the expenses must be; (1) necessary to preserve or dispose of the…

2Cases cited19 opinions

  1. In the Matter of Trim-X, Inc., Debtor. Appeal of Maurice Levine, Trustee in BankruptcyCourt of Appeals for the Seventh Circuit · 1983
  2. In Re Flagstaff Foodservice CorporationCourt of Appeals for the Second Circuit · 1984
  3. In Re Codesco, Inc.United States Bankruptcy Court, S.D. New York · 1982
  4. Colonial Realty Investment Co. v. MartinCourt of Appeals for the First Circuit · 1975
  5. Gugel v. New Orleans Nat. BankCourt of Appeals for the Fifth Circuit · 1917

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3Cited by36 opinions

  1. In the Matter Of: Peter Francis GeraciCourt of Appeals for the Seventh Circuit · 1998
  2. In Re Chicago Lutheran Hospital Ass'nUnited States Bankruptcy Court, N.D. Illinois · 1988
  3. In Re Orfa Corp. of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1994
  4. Loudoun Leasing Development Co v. Ford Motor Credit Co. (In Re K & L Lakeland, Inc.)Court of Appeals for the Fourth Circuit · 1997
  5. Ansel Properties, Inc. v. Nutri/System of Florida Associates (In Re Nutri/System of Florida Associates)District Court, E.D. Pennsylvania · 1995

31 more not listed; retrieve them via the Exa API.

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