Legal Opinion

In Re Foothills Texas, Inc.

United States Bankruptcy Court, D. Delaware

Decided July 28, 2009No. 19-10172PublishedCited by 6 opinions

1Opinion of the Court

OPINION 1

CHRISTOPHER S. SONTCHI, Bankruptcy Judge.

INTRODUCTION

Before the Court is the Debtors’ motion seeking authorization to pay retention bonuses to two persons who are vice presidents of the Debtors. Section 503(c)(1) of the Bankruptcy Code governs payments for the purpose of inducing an insider to remain with the debtor’s business. In order for a debtor to make such payments the criteria of section 503(c)(1) must be satisfied.

The issue in this case is whether the recipients are insiders? If not, section 503(c)(1) is inapplicable and the payments can, in all likelihood, be made. “Insider”…

2Cases cited10 opinions

  1. Schubert v. Lucent Technologies Inc. (In Re Winstar Communications, Inc.)Court of Appeals for the Third Circuit · 2009
  2. In the Matter of James Taylor, Debtor. Delightful Music Ltd. v. James TaylorCourt of Appeals for the Third Circuit · 1990
  3. Anstine v. Carl Zeiss Meditec AG (In Re U.S. Medical, Inc.)Court of Appeals for the Tenth Circuit · 2008
  4. In Re: Pillowtex, Inc. Duke Energy Royal, LLC v. Pillowtex CorporationCourt of Appeals for the Third Circuit · 2003
  5. In Re Dana Corp.United States Bankruptcy Court, S.D. New York · 2006

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3Cited by6 opinions

  1. Riley v. Tencara, LLC (In Re Wolverine, Proctor & Schwartz, LLC)United States Bankruptcy Court, D. Massachusetts · 2011
  2. In re Global Aviation Holdings Inc.United States Bankruptcy Court, E.D. New York · 2012
  3. Jalbert v. Flanagan (In re F-Squared Inv. Mgmt., LLC)United States Bankruptcy Court, D. Delaware · 2019
  4. In Re Fieldstone Mortgage Co.United States Bankruptcy Court, D. Maryland · 2010
  5. In Re: LSC Communications, Inc.District Court, S.D. New York · 2021

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

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