Legal Opinion
Hicks, Muse & Co. v. Brandt (In Re Healthco International, Inc.)
Bankruptcy Appellate Panel of the First Circuit
Decided February 1, 2002No. MW 01-040 to MW 01-042PublishedCited by 5 opinions
1Opinion of the Court
HAINES, Bankruptcy Judge.
In this consolidated proceeding the appellants challenge the bankruptcy court’s order determining that costs awarded to them following their successful defense of actions initiated by the Chapter 7 trustee in the U.S. District Court are general unsecured claims, not entitled to administrative priority. For the reasons set forth below, we reverse.
Introduction
Healthco International, Inc., filed a voluntary Chapter 11 petition on June 9, 1993. The case was converted to Chapter 7 on September 1, 1993. William A. Brandt was appointed trustee shortly thereafter.
In June…
2Cases cited8 opinions
- In Re Mammoth Mart, Inc., Debtor. Stanley Cramer v. Mammoth Mart, Inc.Court of Appeals for the First Circuit · 1976
- Reading Co. v. BrownSupreme Court of the United States · 1968
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- 12 Collier bankr.cas.2d 686, Bankr. L. Rep. P 70,275 in Re Charlesbank Laundry, Inc., Debtor. Shepard A. Spunt v. Charlesbank Laundry, Inc.Court of Appeals for the First Circuit · 1985
- Brandt v. Wand PartnersCourt of Appeals for the First Circuit · 2001
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Thrifty Oil Co. v. Bank of America National Trust and Savings AssociationCourt of Appeals for the Ninth Circuit · 2003
- CIT Communications Finance Corp. v. Midway Airlines Corp. (In Re Midway Airlines Corp.)Court of Appeals for the Fourth Circuit · 2005
- In Re PYXSYS Corp.United States Bankruptcy Court, D. Massachusetts · 2003
- ER Urgent Care Management Co. v. Spuza (In re ER Urgent Care Holdings, Inc.)United States Bankruptcy Court, S.D. Florida. · 2012
- In Re: Midway Airlines Corporation in Re: Midway Air-Lines Parts, Llc, Debtors. Cit Communications Finance Corporation v. Midway Airlines Corporation Midway Airlines Parts, Llc, Joseph N. Callaway, Trustee-AppelleeCourt of Appeals for the Fourth Circuit · 2005