GE Capital Commercial, Inc. v. Sylva Corp., Inc., No. 14-6016 (8th Cir. 2014)
Annotate this CaseGE Capital appealed the bankruptcy court's denial of its motion for allowance of an administrative expense claim for unpaid lease obligations against debtor. The court concluded that the written record supports GE Capital's request that its motion be considered under 11 U.S.C. 365. The court also concluded that, by declining to consider GE Capital's motion under section 365(d)(5), the bankruptcy court shifted the burden of proof from the objecting party to the claimant, which is erroneous as a matter of law. Accordingly, the court reversed and remanded for further proceedings.
Court Description: Bankruptcy Appellate Panel. The written record supports GE Capital's request that its motion seeking an administrative expense claim be considered under 11 U.S.C. Section 365, and the bankruptcy court, by declining to consider the motion under 11 U.S.C. Section 365(d)(5), shifted the burden of proof from the objecting party to the claimant, which was erroneous as a matter of law; remanded for further proceedings. [ November 25, 2014
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