4:04-bk-45081•Coyote Construction, Inc.
Testo completo
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA In re No. 04-45081 T Chapter 7 COYOTE CONSTRUCTION, Debtor. _____________________________/ MEMORANDUM RE ADMINISTRATIVE CLAIM OF LABORERS TRUST FUNDS FOR NORTHERN CALIFORNIA The motion of the Laborers Trust Funds for Northern California (“Trust Funds”) for allowance of a chapter 11 administrative claim for unpaid contributions, interest, liquidated damages, and attorneys’ fees came before the Court on November 10, 2005. Appearances were stated on the record. The Court advised the parties that, based on In re World Sales, Inc., 183 B.R. 872 (Bankr. 9th Cir. 1995), it concluded that the amounts in question were entitled to chapter 11 administrative expense priority. The issue was raised as to whether this priority extended to amounts incurred or accrued after the case was converted to chapter 7. The Court had not considered this issue and took it under submission to see if there was any authority on point. Signed: November 14, 2005 ________________________________________ LESLIE TCHAIKOVSKY U.S. Bankruptcy Judge ________________________________________ Entered on Docket November 16, 2005 GLORIA L. FRANKLIN, CLERK U.S BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA Case: 04-45081 Doc# 185 Filed: 11/14/05 Entered: 11/16/05 10:18:28 Page 1 of 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 The Court has now reviewed the applicable case law and can find no authority on point. In the absence of authority to the contrary, the Court concludes that the administrative claim does not include such amounts. The Court believes this is the ruling most consistent with the principles of the priority scheme. Unless the assets in a chapter 7 case may be devoted first to the costs of administering the chapter 7, it would be difficult for the bankruptcy system to operate on a fiscally sound basis. Counsel for the Laborers Trust Fund is directed to submit a proposed form of order in accordance with this decision. END OF DOCUMENT Case: 04-45081 Doc# 185 Filed: 11/14/05 Entered: 11/16/05 10:18:28 Page 2 of 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3 COURT SERVICE LIST Lois I. Brady Chapter 7 Trustee 350 Frank H. Ogawa Plaza Suite 702 Oakland, CA 94612 Willie E. Phillips Law Offices of Willie E. Phillips 484 Lake Park Ave. #445 Oakland, CA 94610 Bruce K. Leigh Stanton, Kay & Watson, LLP 101 New Montgomery St., 5th Floor San Francisco, CA 94105-3612 Case: 04-45081 Doc# 185 Filed: 11/14/05 Entered: 11/16/05 10:18:28 Page 3 of 3
Ti chiedi come si applica questo testo alla tua situazione?
Consulenza gratuita, senza impegno
Descrivi la tua situazione. Il nostro team ti ricontatterà via e-mail per la tua consulenza.
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.