Legal Opinion
Union Leasing Co. v. Peninsula Gunite, Inc. (In Re Peninsula Gunite, Inc.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided September 30, 1982No. BAP Nos. NC 81-1238 EVG, NC 81-1034 EVG, Bankruptcy No. 5-80-02666-M, Adv. Nos. 810369, 800381PublishedCited by 33 opinions
1Opinion of the Court
OPINION
PER CURIUM:
Heritage Leasing, Inc. and Union Leasing Corporation appeal from orders denying their priority claims for “the period between the filing of the Chapter 11 and the date they regained possession of the equipment.” We hold that the claims of the creditors are entitled to priority as an expense of administration and reverse.
We perceive no meaningful difference between § 64(a)(1) of the former Bankruptcy Act and 11 U.S.C. § 503(b)(1)(A) of the Bankruptcy Reform Act of 1978. Each section allows a priority to the actual and necessary costs and expenses of preserving the estate…
2Cases cited5 opinions
- American Anthracite & Bituminous Coal Corp. v. Leonardo Arrivabene, S.A., Tramp Tankers Corporation of Liberia and Estate of Hector C. DracoulisCourt of Appeals for the Second Circuit · 1960
- In Re J. A. Thompson & Son, Inc., Debtor. Ralph Aoki, Receiver v. Shepherd MacHinery Co.Court of Appeals for the Ninth Circuit · 1982
- In the Matter of Fredrick Meats, Inc., Dba Fredrick's Olde Time Butcher Shoppe, Bankrupt. Edward R. Brown v. Curtis B. Danning, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1973
- In the Matter of First Research Corporation, Debtor. Don Allen Chevrolet, Inc. v. Robert P. Foreman, TrusteeCourt of Appeals for the First Circuit · 1972
- Barth Equipment Co. v. PerlsteinCourt of Appeals for the Second Circuit · 1942
3Cited by33 opinions
- In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988
- In Re Airlift International, Inc., Debtor, Gatx Leasing Corp. v. Airlift International, Inc.Court of Appeals for the Eleventh Circuit · 1985
- In Re Chateaugay Corp.United States Bankruptcy Court, S.D. New York · 1989
- In Re Guy Apple Masonry Contractor, Inc.United States Bankruptcy Court, D. Arizona · 1984
- In Re SweetwaterUnited States Bankruptcy Court, D. Utah · 1984
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