Legal Opinion

Official Committee of Unsecured Creditors v. Airway Industries, Inc. (In Re Airway Industries, Inc.)

United States Bankruptcy Court, W.D. Pennsylvania

Decided October 3, 2006No. 19-20516PublishedCited by 5 opinions

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

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
  3. Wolf v. WeinsteinSupreme Court of the United States · 1963
  4. Donaldson v. BernsteinCourt of Appeals for the Third Circuit · 1997
  5. Bernstein v. Donaldson (In Re Insulfoams, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1995

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

3Cited by5 opinions

  1. In Re Journal Register Co.United States Bankruptcy Court, S.D. New York · 2009
  2. In Re Pilgrim's Pride Corp.United States Bankruptcy Court, N.D. Texas · 2009
  3. In re AMR Corp.United States Bankruptcy Court, S.D. New York · 2013
  4. In Re Fieldstone Mortgage Co.United States Bankruptcy Court, D. Maryland · 2010
  5. In re: NewComm Wireless Services, Inc.United States Bankruptcy Court, D. Puerto Rico · 2007

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