11 U.S.C. § 508
Effect of distribution other than under this title
If a creditor of a partnership debtor receives, from a general partner that is not a debtor in a case under chapter 7 of this title, payment of, or a transfer of property on account of, a claim that is allowed under this title and that is not secured by a lien on property of such partner, such creditor may not receive any payment under this title on account of such claim until each of the other holders of claims on account of which such holders are entitled to share equally with such creditor under this title has received payment under this title equal in value to the consideration received by such creditor from such general partner.
Notes of Decisions
Cited in 37
cases, 1984–2019 · leading case: Mason v. Off. Comm. of Unsecured Creditors ex rel. FBI Distrib. Corp. (In Re FBI Distrib. Corp.), 330 F.3d 36 (1st Cir. 2003).
Mason v. Off. Comm. of Unsecured Creditors ex rel. FBI Distrib. Corp. (In Re FBI Distrib. Corp.), 330 F.3d 36 (1st Cir. 2003). “Where the debtor in possession, however, induces a nondebtor to render performance pursuant to an unassumed prepetition executory contract, pending its decision to reject or assume, the nondebtor party will be entitled to administrative pri *43 ority only to the extent that the…”
McMillan v. LTV Steel, Inc., 555 F.3d 218 (6th Cir. 2009). “The district court rejected McMillan’s arguments, concluding that he had failed to establish that the various components of his claims were entitled to treatment as *225 administrative expenses under 11 U.S.C. § 508 (b). McMillan appealed. II.”
In re Taylor, 289 B.R. 379 (Bankr. N.D. Ind. 2003). “See also, 11 U.S.C. § 508 (subordinating claims of creditors that receive certain distributions outside of the bankruptcy case).”
Knudsen v. Internal Revenue Serv., 581 F.3d 696 (8th Cir. 2009). “Third, the government asserts that even if the statutory framework did not prohibit the application of § 1222(a)(2)(A) to post-petition claims, income tax claims arising from postpetition asset sales would not constitute an “administrative expense” under 11 U.S.C. § 508…”
In re Blount, 276 B.R. 753 (Bankr. M.D. La. 2002). “At the hearing on these objections, in response to comments on the matters by the Court, counsel for Whitney requested leave to file a request for attorney’s fees under 11 U.S.C. § 508 (b)(4), which was granted.”
In re Energy Partners, Ltd., 422 B.R. 68 (Bankr. S.D. Tex. 2009). “40 pursuant to 11 U.S.C. §§ 508 (b)(3)(D) and (b)(4). The Debtor objects to Birch Run’s request on the sole ground that Birch Run did not provide a substantial contribution to this case as required by 11 U.”
Maxwell Commc'n Corp. PLC ex rel. Homan v. Societe Gen. PLC (In Re Maxwell Commc'n Corp. PLC), 186 B.R. 807 (S.D.N.Y. 1995). “MCC’s citation of 11 U.S.C. § 508 (a) is also unavailing. Section 508(a) limits the ability of a creditor who receives a payment or "transfer” of property in a foreign proceeding from receiving a distribution in a Chapter 11 case.”
Venture Props., Inc. v. Norwood Grp., Inc. (In Re Venture Props., Inc.), 37 B.R. 175 (Bankr. D.N.H. 1984). “11 U.S.C. §§ 508 , 728. Venture also cites recent decisions in the Manville “abestos” reorganization proceeding in which injunctive relief has been granted to restrain suits against Manville’s insurance carriers in certain instances.”
Juniper Dev. Grp. v. Kahn (In Re Hemingway Transp., Inc.), 73 B.R. 494 (Bankr. D. Mass. 1987). “” 11 U.S.C. § 508 (b)(1)(A) (West 1979). This Court has already concluded that public policy does not prohibit the conveyance of the property out of the estate pursuant to the July 1984 agreement.”
Matter of Columbia Gas Sys., Inc., 224 B.R. 540 (Bankr. D. Del. 1998). “The Application of Union Pacific Resources The Union Pacific Resources Company has filed an application pursuant to 11 U.S.C. § 508 (b)(3)(D) and § 503(b)(4) for $135,370 in reimbursement of legal fees and $8,444 in reimbursement of non-legal expenses.”
In re Yl West 87th Holdings I LLC, 423 B.R. 421 (Bankr. S.D.N.Y. 2010). “Section 364(c) of the Bankruptcy Code provides “If the trustee 43 is unable to obtain unsecured credit allowable under section *441 503(b)(1) of title [ 11 USC § 508 (b)(1) ] as an administrative expense, the court, after notice and a hearing, may authorize the obtaining of…”
Irmas Fam. Trust v. Madden (In Re Madden), 185 B.R. 815 (B.A.P. 9th Cir. 1995). “11 U.S.C. § 508 (emphasis added). 3 Such allowed administrative expenses are entitled to first priority payment under § 507(a).”
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