Legal Opinion

In Re Husting Land & Development, Inc.

United States Bankruptcy Court, D. Utah

Decided November 22, 2000No. 19-20208PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER

JUDITH A. BOULDEN, Bankruptcy Judge.

This is a contested matter arising from the application for allowance of administrative expense filed by R.A. McKell Excavating, Inc. (RAM) in the Chapter 11 case of Husting Land & Development, Inc. (Hust-ing). The issue presented is whether or not the administrative expense claim of RAM is allowable as a post-petition debt incurred in the ordinary course of business pursuant to 11 U.S.C. § 364(a). 1 During a two-day evidentiary hearing, RAM presented evidence in support of its argument that the debt owed to it for…

2Cases cited24 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. Bourjaily v. United StatesSupreme Court of the United States · 1987
  4. Atlantic Richfield Co. v. Farm Credit Bank of WichitaCourt of Appeals for the Tenth Circuit · 2000
  5. Watkins v. Telsmith, Inc.Court of Appeals for the Fifth Circuit · 1997

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3Cited by6 opinions

  1. Jubber v. SMC Electrical Products, Inc.Court of Appeals for the Tenth Circuit · 2015
  2. Roberds, Inc. v. Broyhill Furniture (In Re Roberds, Inc.)United States Bankruptcy Court, S.D. Ohio · 2004
  3. In Re Ockerlund Construction Co.District Court, N.D. Illinois · 2004
  4. In Re Blessing Industries Inc.United States Bankruptcy Court, N.D. Iowa · 2001
  5. In Re Canvas Specialty, Inc.United States Bankruptcy Court, C.D. California · 2001

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