United States v. Lange, et al., No. 13-6007 (8th Cir. 2013)
Annotate this CaseThe Government appealed the bankruptcy court's order denying its motion to approve its superpriority administrative expense claim under section 507(b) of Title 11 of the Bankruptcy Code; its motion for evidentiary hearing; and its motion to alter or amend the bankruptcy court's denial of its motion for a section 507(b) administrative expense claim. The bankruptcy appellate panel concluded that the bankruptcy court abused its discretion when it denied the Government the opportunity to conduct discovery and produce evidence. Accordingly, the court reversed and remanded for the bankruptcy court to determine the amount, if any, of the Government's section 507(b) claim.
Court Description: Bankruptcy Appellate Panel. The bankruptcy court abused its discretion when it denied the Government the opportunity to conduct discovery and produce evidence in connection with its motion to approve its superpriority administrative expense claim under Section 507(b) of the Code, and the matter is remanded to the bankruptcy court for determination of the amount, if any, of the Government's claim. [ September 12, 2013
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