Legal Opinion
In Re T.A. Brinkoetter & Sons, Inc.
United States Bankruptcy Court, C.D. Illinois
Decided March 28, 2012No. 09-80727PublishedCited by 2 opinions
1Opinion of the Court
OPINION
THOMAS L. PERKINS, Chief Judge.
Are penalties and interest assessed when a chapter 11 debtor-in-possession fails to timely pay postpetition fringe benefits entitled to administrative expense status? This is the issue raised in the petition for administrative expenses (treated as a motion under Fed. R. Bankr.P. 9013 and 9014) filed by the NECA-IBEW Pension Fund and the NECA-IBEW Welfare Fund (together the FUNDS).
The Debtor, T.A. Brinkoetter & Sons, Inc. (DEBTOR), a contractor, filed a chapter 11 petition on March 10, 2009, and operated its business as a debtor-in-possession until the…
2Cases cited12 opinions
- Nicholas v. United StatesSupreme Court of the United States · 1966
- In Re Roth American, Inc., Debtor. Teamsters Local Union No. 401 Health & Welfare Fund International Brotherhood of Teamsters, Local 401Court of Appeals for the Third Circuit · 1992
- In Re Unimet Corporation, Debtor. United Steelworkers of America v. Unimet CorporationCourt of Appeals for the Sixth Circuit · 1988
- Adventure Resources, Inc. v. HollandCourt of Appeals for the Fourth Circuit · 1998
- Teamsters Industrial Security Fund v. World Sales, Inc. (In Re World Sales, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
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3Cited by2 opinions
- Mediofactoring v. McDermott (In Re Connolly North America, LLC)Court of Appeals for the Sixth Circuit · 2015
- Mediofactoring v. McDermott (In Re Connolly North America, LLC)Court of Appeals for the Sixth Circuit · 2015