Section 507 - Priorities

19 Citing briefs

  1. Elhindi v. State of California et al

    MOTION for SUMMARY JUDGMENT

    Filed April 28, 2017

    D Claims for Death or Personal Injury While Debtor Was Intoxicated Claims for death or personal injury resulting from the operation of a motor vehicle or vessel while the debtor was intoxicated from using alcohol, a drug, or another substance. 11 U.S.C. § 507(a)(10). * Amounts are subject to adjustment on April 1, 2010, and every three years thereafter with respect to cases commenced on or after the date of adjustment.

  2. Henman v. Indiana Harbor Belt Railroad Company

    MOTION for Summary Judgment

    Filed March 20, 2017

    Claims for death or personal injury while debtor was intoxicated Claims for death or personal injury resulting from the operation of a motor vehicle or vessel while the debtor was intoxicated from using alcohol, a drug, or another substance. 11 U.S.C. § 507(a)(10). * Amount subject to adjustment on 4/01/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment.

  3. Freeman v. Hotel Equities Inc

    MOTION for Summary Judgment

    Filed January 10, 2017

    Claims for death or personal injury while debtor was intoxicated Claims for death or personal injury resulting from the operation of a motor vehicle or vessel while the debtor was intoxicated from using alcohol, a drug, or another substance. 11 U.S.C. § 507(a)(10). * Amount subject to adjustment on 4/01/16, and every three years thereafter with respect to cases commenced on or after the date of adjustment.

  4. Sharp v. 3rd Group Properties, Llc. et al

    MOTION for Summary Judgment with Brief In Support

    Filed November 23, 2016

    Claims for death or personal injury while debtor was intoxicated Claims for death or personal injury resulting from the operation of a motor vehicle or vessel while the debtor was intoxicated from using alcohol, a drug, or another substance. 11 U.S.C. § 507(a)(10). * Amount subject to adjustment on 4/01/16, and every three years thereafter with respect to cases commenced on or after the date of adjustment.

  5. Owen v. Mentor Corporation et al

    MOTION for Summary Judgment

    Filed July 25, 2016

    Claims for death or personal injury while debtor was intoxicated Claims for death or personal injury resulting from the operation of a motor vehicle or vessel while the debtor was intoxicated from using alcohol, a drug, or another substance. 11 U.S.C. § 507(a)(10). * Amount subject to adjustment on 4/01/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment.

  6. The Colonial BancGroup, Inc. v. Federal Deposit Insurance Corporation

    BRIEF/MEMORANDUM in Opposition re MOTION for Summary Judgment Colonial BancGroup Inc's Motion for Summary Judgment regarding Ownership of Tax Refunds, [116] MOTION for Summary Judgment Colonial BancGroup Inc's Motion for Summary Judgment regarding Ownership of REIT Preferred Securities

    Filed September 22, 2011

    See 11 U.S.C. § 350(b) (chapter 11 case may be reopened for “cause”); Fed. R. Bankr. P. 5010 (case may be reopened on motion of debtor or any other party in interest). Even if the case were not reopened, the FDIC-Receiver would be entitled to a priority recovery pursuant to BancGroup’s plan of liquidation in accordance with 11 U.S.C. § 507(a)(9), which would have the same result. Case 2:10-cv-00198-MHT-DHW Document 127 Filed 09/22/11 Page 66 of 69 56 Internal Rev. Svc.

  7. Conway v. United States of America

    RESPONSE in Opposition re MOTION for Summary Judgment

    Filed October 5, 2009

    136 11 U.S.C. § 503(b)(1)(B)(i). 137 11 U.S.C. § 507(a)(2). 138 11 U.S.C. § 363(c)(1).

  8. Wayne R. Criddle and Sarah A. Criddle

    Memorandum-Decision; Trustee is directed to sumbit separate orders consistent with this Memorandum-Decision.

    Filed February 4, 2020

    Certain instructions have emerged from these cases, mainly in relation to the third baseline concerning mandatory versus optional contributions, which is most often decisive. Because student loans are not accorded priority status under § 507(a), “anything they receive over what they would take in a pro rata distribution without the discrimination, should come from assets not required to be contributed to the plan and thus not detract from the unsecured creditors’ take.” Stull, 489 B.R. at 220 n.17 (citing Bentley, 266 B.R. at 243); accord Knowles, 501 B.R. at 419–20 (overruling the trustee’s objection under § 1322(b)(1) because the debtor’s plan proposed to use discretionary income, above the Code-computed mandatory projected disposable income, to voluntarily contribute to payment of student loans).

  9. Premo Autobody, Inc. et al v. Parker et al

    MOTION for Partial Summary Judgment as to Ownership of Paint Booth

    Filed July 5, 2017

    he deim subject to offset? Speeity Code subsection of PRIORITY _No unsecured claim: 11 U.S.C. § 507(a)@) DYes --------.-----------.

  10. Federal Housing Finance Agency et al v. Lehman Brothers Holdings Inc.

    MEMORANDUM OF LAW in Opposition re: 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 08-B-13555

    Filed November 4, 2013

    For example, Congress amended section 507 of the Bankruptcy Code by adding section 507(a)(9), which grants a priority to any “allowed unsecured claims based upon any commitment by the debtor to a Federal depository institutions regulatory agency (or predecessor to such agency) to maintain the capital of an insured depository institution.” 11 U.S.C. 507(a)(9); see Comprehensive Crime Control Act of 1990, H.R. Rep. No. 101-681(I) (1990), reprinted in 1990 U.S.C.C.A.N. 6472, 6584-90 (amending section 507 of the Bankruptcy Code). The Crime Control Act of 1990 was also the same legislation that granted a conservator acting on behalf of an insured depository institution avoidance powers that are identical to the avoidance powers asserted by the FHFA in this case.