Legal Opinion

Gallivan v. Springfield Post Road Corp.

Court of Appeals for the First Circuit

Decided April 7, 1997No. 96-1819PublishedCited by 6 opinions

1Opinion of the Court

COFFIN, Senior Circuit Judge.

This appeal is from a district court judgment approving a bankruptcy judge’s orders denying motions of appellant real estate brokers Gallivan and Smith (1) to compel the payment of a brokerage fee by appellees, the debtors-in-possession in Chapter 11 proceedings, as administrative expenses under 11 U.S.C. § 503(b); 1 and (2) to recover from a secured party, MBL Life Assurance Corporation, their respective shares of the brokerage fee, under 11 U.S.C. § 506(c), as a “reasonable, necessary cost[ ] of preserving” debtors’ property. 2

The district court denied both…

2Cases cited6 opinions

  1. In Re Mammoth Mart, Inc., Debtor. Stanley Cramer v. Mammoth Mart, Inc.Court of Appeals for the First Circuit · 1976
  2. In Re Columbia Gas System Inc.Court of Appeals for the Third Circuit · 1995
  3. Tristram's Landing, Inc. v. WaitMassachusetts Supreme Judicial Court · 1975
  4. In Re Parque Forestal, Inc., Debtor. Appeal of Oriental Federal Savings BankCourt of Appeals for the First Circuit · 1992
  5. In Re Visual Industries, Inc.Court of Appeals for the Third Circuit · 1995

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

3Cited by6 opinions

  1. Eagle Insurance v. Bankvest Capital Corp. (In Re Bankvest Capital Corp.)Court of Appeals for the First Circuit · 2004
  2. Argonaut Insurance v. Falcon VCourt of Appeals for the Fifth Circuit · 2022
  3. Powers v. CENTENNIAL COMMUNICATIONS CORP.District Court, N.D. Indiana · 2009
  4. United Surety & Indemnity Co. v. Maxon Engineering Services, Inc. (In Re Maxon Engineering Services, Inc.)United States Bankruptcy Court, D. Puerto Rico · 2005
  5. Puerto Rico Electric Power Authority v. Noreen Wiscovitch Rentas, Chapter 7 TrusteeUnited States Bankruptcy Court, D. Puerto Rico · 2014

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API