United Missouri Bank of Kansas City, N.A. v. Federman (In Re Modern Warehouse, Inc.)

MEMORANDUM OF FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING FINAL JUDGMENT ALLOWING PLAINTIFF A SUPERP-RIORITY ADMINISTRATIVE EXPENSE CLAIM AGAINST THE GENERAL FUNDS OF THE ESTATE IN THE SUM OF $34,986.08

DENNIS J. STEWART, Chief Judge.

This is an action brought by a secured creditor against a trustee in bankruptcy to recover from the assets of a bankruptcy estate the loss suffered by the secured creditor due to depreciation of its collateral while the automatic stay was in effect. The plaintiff claims this loss pursuant to § 507(b) of the Bankruptcy Code, which provides that:

“If the…