Contract Wages for Executives Are Not Presumptively Allowable Postpetition, BAP Says
An executive with a rejected contract must prove value to have an allowable administrative claim, 9th Circuit BAP says.
Court:
Benchnotes June 2018
Journal Issue:
Prefiling Expenses Can’t Be Reimbursed in a Chapter 13 Plan in Western Louisiana
Debtor’s counsel can’t recover prefiling expenses in a ‘no money down’ bankruptcy in the W.D. La.
Leased but Unused Personal Property Qualifies for an Administrative Claim
Circuits are split on requiring use of leased equipment before allowing an administrative claim.
May 2018 Benchnotes
Journal Issue:
‘Local vs. National’ Rate Controversy Reemerges in a Catholic Diocese Reorganization
Montana judge cuts committee counsel’s interim allowance to rates charged by debtor’s counsel.
Court:
Interim Fee Awards in Chapter 13 Are OK Before Conversion
District judge changes local practice in the bankruptcy court on interim awards in chapter 13.
Alabama Judge Rejects Second Circuit’s Bankruptcy Act Opinion in Straus-Duparquet
There is no implied assumption of an executory employment contract under the Bankruptcy Code.