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Opinion 155

Case Name: 

In re Am. Res. Mgmt. Corp., 51 B.R. 713 (Bankr.D.Utah)

Judge: 
Judge Clark
Date: 
Apr-23-1985
Case Number(s): 
84C-1749
Status: 

PUBLISHED
See 44.pdf

Body: 

Bank, which held a significantly undersecured claim in virtually all of chapter 11 debtor's assets, obtained relief from stay to foreclose its interests in those assets. Subsequently, bank agreed, pursuant to stipulations approved by the court, to provide a set amount of funds per month for debtor's operating expenses. The stipulations further required that all administrative expenses would be paid first from assets not subject to bank's security and, if available funds were insufficient to pay them, payment of trustee's and creditors committee's attorney and accounting fees would be paid from bank's cash collateral, up to a specified amount. Bank's advances were to be treated as superpriority claims. At a hearing to consider interim professional compensation, the court allowed the attorney and accountant applications for fees in full, but restricted trustee's payments to one-half of each amount authorized. On rehearing, the court explained that secured creditors are protected in bankruptcy up to the value of their collateral, and only surplus proceeds are available to pay estate creditors and administrative expenses. Therefore, unless debtor has equity in encumbered property, administrative expenses may not be paid from collateral. The court found that the stipulations were reasonably designed to allow debtor to continue its business and, without bank's advances, there would be no surplus with which to pay administrative expenses, and bank could not be forced to pay more administrative expenses than it had agreed to pay.

Internal Ref: 
Opinion 155
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