Legal Opinion
Phar-Mor, Inc. v. McKesson Corp.
Court of Appeals for the Sixth Circuit
Decided July 17, 2008No. 05-4525, 05-4526PublishedCited by 14 opinions
1Opinion of the Court
OPINION
ALICE M. BATCHELDER, Circuit Judge.
At issue in this bankruptcy case is whether a vendor’s administrative-expense priority on its reclamation claim is effectively extinguished when the goods subject to reclamation are sold and the proceeds used to satisfy a secured creditor’s superi- or claim. Because we hold that it is not, we AFFIRM the district court’s decision.
I
Phar-Mor, Inc. filed Chapter 11 bankruptcy on September 24, 2001, but continued to operate as a debtor in possession (DIP). In response, several vendors, including McKesson Corporation, filed timely “reclamation claims,”…
2Cases cited11 opinions
- Weber v. United States TrusteeCourt of Appeals for the Second Circuit · 2007
- In Re Pester Refining Company, Debtor. Pester Refining Company v. Ethyl Corporation, in Re Pester Refining Company, Debtor. Pester Refining Company v. Ethyl Corporation, the Official Unsecured Creditors Committee, Intervenor Below. In Re Pester Refining Company, Debtor. Pester Refining Company v. Ethyl Corporation, the Official Unsecured Creditors Committee, Intervenor BelowCourt of Appeals for the Eighth Circuit · 1992
- M. W. O'rieley, Trustee in Bankruptcy of Woerderhoff Shoe Co., Inc. v. Endicott-Johnson CorporationCourt of Appeals for the Eighth Circuit · 1961
- Triad International Maintenance Corp. v. Southern Air Transport, Inc. (In Re Southern Air Transport, Inc.)Court of Appeals for the Sixth Circuit · 2007
- Galey & Lord Inc. v. Arley Corp. (In Re Arlco, Inc.)United States Bankruptcy Court, S.D. New York · 1999
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- National Union Fire Insurance v. VP Buildings, Inc.Court of Appeals for the Sixth Circuit · 2010
- McMillan v. LTV Steel, Inc.Court of Appeals for the Sixth Circuit · 2009
- Nuvell Credit Corp. v. WestfallCourt of Appeals for the Sixth Circuit · 2010
- McKinstry v. SergentDistrict Court, E.D. Kentucky · 2011
- Zingale v. Rabin (In Re Zingale)Court of Appeals for the Sixth Circuit · 2012
9 more not listed; retrieve them via the Exa API.