Legal Opinion
In Re US Flow Corp.
United States Bankruptcy Court, W.D. Michigan
Decided October 29, 2005No. 19-03985PublishedCited by 18 opinions
1Opinion of the Court
OPINION REGARDING POSSIBLE DISGORGEMENT OF CARVE-OUT FUNDS
JAMES D. GREGG, Bankruptcy Judge.
I. ISSUE
This issue arises in one of those detestable administratively insolvent estates. Must court-appointed professionals in the chapter 11 case disgorge carve-out funds approved by the court pursuant to a DIP financing order? Is the carve-out defeasi-ble in order to benefit other administrative claimants resulting from the conversion of the chapter 11 case to chapter 7?
II. JURISDICTION
The court has jurisdiction over these jointly administered cases pursuant to 28 U.S.C. § 1334. In accordance with…
2Cases cited8 opinions
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Specker Motor Sales Co. v. Sail Eisen, United States TrusteeCourt of Appeals for the Sixth Circuit · 2004
- Boyd v. Dock's Corner Associates (In Re Great Northern Forest Products, Inc.)United States Bankruptcy Court, W.D. Michigan · 1991
- Specker Motor Sales Co. v. EisenDistrict Court, W.D. Michigan · 2003
- Harvis Trien & Beck, P.C. v. Federal Home Loan Mortgage Corp. (In re Blackwood Associates, L.P.)United States Bankruptcy Court, E.D. New York · 1995
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- ICL Holding Co., Inc. v.Court of Appeals for the Third Circuit · 2015
- Rus, Miliband & Smith v. Yoo (In Re Dick Cepek, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
- In Re St. Joseph Cleaners, Inc.United States Bankruptcy Court, W.D. Michigan · 2006
- Costa v. Robotic Vision Systems, Inc. (Robotic Vision Systems, Inc.)Bankruptcy Appellate Panel of the First Circuit · 2007
- E. Coast Miner LLC v. Nixon Peabody LLP (In Re Licking River Mining, LLC)Court of Appeals for the Sixth Circuit · 2018
13 more not listed; retrieve them via the Exa API.