Official Committee of Unsecured Creditors v. Airway Industries, Inc. (In Re Airway Industries, Inc.)
United States Bankruptcy Court, W.D. Pennsylvania
1Opinion of the Court
MEMORANDUM OPINION 1
JUDITH K. FITZGERALD, Bankruptcy Judge.
Before the court is a motion by the Official Committee of Unsecured Creditors (“Turnover Motion”) 2 seeking entry of an order pursuant to §§ 503, 541, 542, and 105 of the Bankruptcy Code directing that Transaction Bonuses 3 provided by a secured creditor be turned over to Debt- or’s estate or, in the alternative, disallowing or prohibiting payment of the bonuses pursuant to § 503. The beneficiaries of the bonuses are four executives of the Debtor. The bonuses are to be provided by Cerberus Capital Management, L.P. (“Cerberus…
2Cases cited7 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
- Wolf v. WeinsteinSupreme Court of the United States · 1963
- Donaldson v. BernsteinCourt of Appeals for the Third Circuit · 1997
- Bernstein v. Donaldson (In Re Insulfoams, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1995
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3Cited by5 opinions
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- In re AMR Corp.United States Bankruptcy Court, S.D. New York · 2013
- In Re Fieldstone Mortgage Co.United States Bankruptcy Court, D. Maryland · 2010
- In re: NewComm Wireless Services, Inc.United States Bankruptcy Court, D. Puerto Rico · 2007