· 1/31/1995
In Re Lochmiller Industries, Inc.
Citations
- 178 B.R. 241
- 33 Collier Bankr. Cas. 2d 498
- 1995 Bankr. LEXIS 187
- 1995 WL 75917
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- rejecting argument that disgorgement of only professional fees and not ordinary course expenses was inequitable, based on professionals’ better information about the ability of the debt- or to survive Chapter 11
- collecting cases and stating that, in 1995, it could find no case that did not order disgorgement of interim compensation when necessary to achieve pro rata distribution among equally situated creditors
- “all of the cases which have addressed the issue have uniformly held that funds paid to administrative claimants in the ordinary course of a Chapter 11 case may not be recaptured”
Source: CourtListener parenthetical corpus (CC0).
Judges: Peter W. Bowie
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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