Legal Opinion

In Re Jonick Deli Corp.

District Court, S.D. New York

Decided June 11, 2001No. 00 Civ. 7006 DC. Bankruptcy No. 90 B 10872 CBPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM DECISION

CHIN, District Judge.

In this unopposed bankruptcy appeal of a Chapter 7 case converted from Chapter 11, the United States Trustee (the “U.S. Trustee”) appeals the bankruptcy court’s (Blackshear, J.) Order Awarding Final Allowance of Commissions and Reimbursement of Expenses, dated June 26, 2000. Specifically, the U.S. Trustee appeals the bankruptcy court’s sua sponte decision to subordinate outstanding U.S. Trustee quarterly fees, incurred while this was a Chapter 11 case, to Chapter 7 administrative expenses, thereby adopting the “minority view” on this issue.

As discussed…

2Cases cited7 opinions

  1. In Re Juhl Enterprises, Inc., D/B/A Juhl Marine. Wesley B. Huisinga, United States Trustee v. David O. Carter and Rick A. YarnallCourt of Appeals for the Eighth Circuit · 1990
  2. Reitmeyer v. Wetmore (In Re Wetmore)United States Bankruptcy Court, W.D. Pennsylvania · 1990
  3. In Re: Patrick & Lilia Endy, Debtors. United States Trustee v. Patrick Endy Lilia EndyCourt of Appeals for the Ninth Circuit · 1997
  4. In Re EhrmanUnited States Bankruptcy Court, D. Arizona · 1994
  5. United States Trustee v. Hirsch (In Re Ehrman)District Court, D. Arizona · 1995

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3Cited by3 opinions

  1. In Re ShihaiUnited States Bankruptcy Court, S.D. New York · 2008
  2. In Re Atcall, Inc.United States Bankruptcy Court, E.D. Virginia · 2002
  3. In re MCO Wash, Inc.United States Bankruptcy Court, E.D. New York · 2016

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