Surrey Investment Services, Inc. v. Smith

MEMORANDUM OPINION AND ORDER

THOMAS D. SCHROEDER, District Judge.

Surrey Investment Services, Inc. (“SIS”), and Edwin H. Ferguson, Jr., Chapter 7 Trustee (“Trustee”), appeal the decision of the Bankruptcy Court determining that the debtor, Zachary Stan Smith (“Smith” or the “Debtor”) is entitled to a credit for allowed administrative expenses pursuant to 11 U.S.C. § 503(b)(1)(A). For the reasons stated herein, the Bankruptcy Court’s decision is reversed, and this case is remanded for further proceedings consistent with this Memorandum Opinion and Order.

I. FACTS AND PROCEDURAL HISTORY

Pre-petition…