· 9/21/1994
In Re Suburban Motor Freight, Inc., Debtor. Ohio Bureau of Workers' Compensation v. Stephen K. Yoder, Trustee for Suburban Motor Freight, Inc.
Citations
- 36 F.3d 484
- 31 Collier Bankr. Cas. 2d 1539
- 1994 U.S. App. LEXIS 26239
- 26 Bankr. Ct. Dec. (CRR) 56
- 1994 WL 511216
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that by allowing private sources, including bonded self-insurance, the \public welfare\ becomes less dependent on the financial soundness of the state system
- finding inequality among creditors when state permits payment of benefits from private sources such as bonded self-insurance
- criticizing Lorber test as lenient, but finding reimbursement claim satisfied Ninth Circuit's Lorber definition of \excise tax\
- applying former § 507(a)(7)(G) 21 and holding that to qualify for priority, the financial exaction 22 must (1) relate to a tax, (2) be penal in nature, and (3) be 23 compensatory for actual pecuniary loss rather than punitive
- applying former § 507(a)(7)(G) 21 and holding that to qualify for priority, the financial exaction 22 must (1) relate to a tax, (2) be penal in nature, and (3) be 23 compensatory for actual pecuniary loss rather than punitive
- whether there are similarly situated private creditors is a “concern” and not a dispositive factor
Source: CourtListener parenthetical corpus (CC0).
Judges: Batchelder, Joiner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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