Legal Opinion

In Re Summit Ventures, Inc.

United States Bankruptcy Court, D. Vermont

Decided July 9, 1991No. 19-10013PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OF DECISION ON APPLICATION OF CHAPTER 7 INTERIM TRUSTEE FOR AN EMERGENCY BORROWING ORDER

FRANCIS G. CONRAD, Bankruptcy Judge.

We are asked, in this matter, 1 to decide between two competing superpriorities; namely, whether superseding Chapter 7 administrative expenses should be paid in full before priority administrative claims in the superseded Chapter 11 case. For policy reasons, we hold that the Chapter 7 administrative expenses prevail over Chapter 11 priority expenses.

On April 27, 1990, Debtors filed petitions for relief under Chapter 11, 11 U.S.C. §§ 101 et seq., and operated…

2Cases cited18 opinions

In the Matter of Trim-X, Inc., Debtor. Appeal of Maurice Levine, Trustee in BankruptcyCourt of Appeals for the Seventh Circuit · 1983
In Re Codesco, Inc.United States Bankruptcy Court, S.D. New York · 1982
In Re CallisterUnited States Bankruptcy Court, D. Utah · 1981
In Re Flagstaff Foodservice CorporationCourt of Appeals for the Second Circuit · 1985
Sells v. Sonoma v (In Re Sonoma V)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982

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3Cited by5 opinions

In Re Nuclear Imaging Systems, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2001
In Re Visionaire Corp.United States Bankruptcy Court, E.D. Missouri · 2003
In Re Skuna River Lumber, LLCUnited States Bankruptcy Court, N.D. Mississippi · 2006
In re Packaging Systems, LLCUnited States Bankruptcy Court, D. New Jersey · 2016
Level 8 Apparel, LLCUnited States Bankruptcy Court, S.D. New York · 2023