Legal Opinion
United States v. Schottenstein, Zox & Dunn (In Re Unitcast, Inc.)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided March 26, 1998No. BAP 97-8061, 97-8083PublishedCited by 31 opinions
1Opinion of the Court
OPINION
After this Chapter 11 case converted to an “administratively insolvent” Chapter 7 ease, the United States of America moved for an accounting, disgorgement of fees paid to professionals, and immediate payment of its administrative expense claim. On summary judgment, the bankruptcy court denied the motion, finding that the government could not prove an entitlement to' disgorgement because its penalty claim, under IRC § 4971, for the Debtor’s failure to adequately fund employee benefit plans, either did not qualify as an administrative expense under 11 U.S.C. § 503(b), or qualified in an…
2Cases cited38 opinions
- Russello v. United StatesSupreme Court of the United States · 1983
- United States v. BassSupreme Court of the United States · 1971
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- Taft Broadcasting Company v. United StatesCourt of Appeals for the Sixth Circuit · 1991
33 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Specker Motor Sales Co. v. Sail Eisen, United States TrusteeCourt of Appeals for the Sixth Circuit · 2004
- Beneke Co. v. Economy Lodging Systems, Inc. (In Re Economy Lodging Systems, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
- In Re Kennedy ManufacturingUnited States Bankruptcy Court, N.D. Ohio · 2005
- Rus, Miliband & Smith v. Yoo (In Re Dick Cepek, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
- In Re Caldor, Inc.-NYUnited States Bankruptcy Court, S.D. New York · 1999
26 more not listed; retrieve them via the Exa API.