McCarthy v. Briscoe

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that where the plan “unambiguously provides for the continuation of the estate post-confirmation,” there can be allowed post- confirmation administrative expense claims
• concluding that assets revested in estate after confirmation because, although plan did not explicitly so provide, plan’s clear purpose was to pay back creditors, and plan stated that bankruptcy court would be closely involved in administering Chapter 11 estate
• “Exceptions to the automatic stay should be read narrowly. The ‘precise wording of the stay and its exceptions should be emphasized.’ ” (citations omitted)
• “It is beyond question that § 959(b) requires a trustee to manage a business in accordance with state law, as any other person must.”

Source: CourtListener parenthetical corpus (CC0).