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Legal Opinion

New Orleans Public Service, Inc. v. First Federal Savings & Loan Ass'n of Warner Robins (In re Delta Towers, Ltd.)

Court of Appeals for the Fifth Circuit

Decided February 15, 1991No. 90-3341PublishedCited by 36 opinions

1Opinion of the Court

JOHNSON, Circuit Judge:

New Orleans Public Service, Inc. (“NOPSI”) instituted this adversary proceeding in the bankruptcy court to recover utility fees from a secured creditor of the debtor, Delta Towers, Ltd. (“Delta”). The bankruptcy court denied NOPSI the relief requested. On appeal, the district court reversed on the ground that 11 U.S.C. § 506(c) permitted NOPSI to recover the fees as administrative expenses. For the reasons set forth below, this Court affirms in part and reverses in part the district court’s judgment.

I. FACTS AND PROCEDURAL HISTORY

Delta was a limited partnership whose…

2Cases cited18 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. In the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Robert G. HuffmanCourt of Appeals for the Fifth Circuit · 1983
  4. In the Matter of Triangle Chemicals, Inc., Debtor. Darryl Fanelli v. Nelson T. Hensley, TrusteeCourt of Appeals for the Fifth Circuit · 1983
  5. In the Matter of Trim-X, Inc., Debtor. Appeal of Maurice Levine, Trustee in BankruptcyCourt of Appeals for the Seventh Circuit · 1983

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3Cited by36 opinions

  1. TNB Financial, Inc v. James F Parker IntCourt of Appeals for the Fifth Circuit · 2001
  2. In Re Jack Kline Co., Inc.United States Bankruptcy Court, S.D. Texas · 2010
  3. Heartland Federal Savings & Loan Ass'n v. Briscoe Enterprises Ltd., II (In Re Briscoe Enterprises Ltd., II)District Court, N.D. Texas · 1992
  4. In The Matter Of Delta Towers, Ltd.Court of Appeals for the First Circuit · 1991
  5. Rachel Brown v. Ronald SommersCourt of Appeals for the Fifth Circuit · 2015

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

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