Legal Opinion
In Re Charles D. Larsen, Jeraine Larsen, Debtors. Barbara G. Stuart, U.S. Trustee v. David O. Carter
Court of Appeals for the Eighth Circuit
Decided July 14, 1995No. 94-2820PublishedCited by 19 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
The novel issue of statutory construction before us is whether unpaid attorney’s fees from a debtor’s prior unsuccessful bankruptcy reorganization proceedings are “claims of the kind specified in” § 507(a)(1) of the Bankruptcy Code, 11 U.S.C. § 507(a)(1), 1 and are therefore entitled to first priority in distributing the debtor’s subsequent Chapter 7 estate pursuant to § 726(b) of the Code. The bankruptcy and district courts answered this question in the affirmative and awarded attorney David 0. Carter administrative expense priority on some $23,000 in unpaid fees. The…
2Cases cited11 opinions
- In Re Jartran, Inc., Debtor. Fruehauf Corporation v. Jartran, Inc.Court of Appeals for the Seventh Circuit · 1989
- Conrad, Rubin & Lesser v. PenderSupreme Court of the United States · 1933
- In Re Roderick D. ReedCourt of Appeals for the Eighth Circuit · 1989
- The American Radio Relay League, Inc. v. Federal Communications Commission and United States of AmericaCourt of Appeals for the D.C. Circuit · 1980
- Official Committee of Unsecured Creditors of White Farm Equipment Co. v. United StatesSupreme Court of the United States · 1992
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- First National Insurance Co. of America v. Bartomeli (In Re Bartomeli)District Court, D. Connecticut · 2004
- Jones v. Warren Construction (In Re Jones)United States Bankruptcy Court, M.D. Tennessee · 2003
- In Re Jamesway Corp.United States Bankruptcy Court, S.D. New York · 1996
- Willison v. RaceDistrict Court, W.D. Missouri · 1995
- In Re MageeUnited States Bankruptcy Court, S.D. New York · 2011
14 more not listed; retrieve them via the Exa API.