JAS Enterprises v. William Stock ( 1997 )


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  • United States Court of Appeals FOR THE EIGHTH CIRCUIT _____________ No. 95-4192NE _____________ In the matter of: JAS Enterprises, Inc., * * Debtor, * ____________________ * * In the matter of: JAS Enterprises, Inc., * * Debtor-Appellant, * * Richard J. Butler, Chapter 7 Trustee, * Appeal from the United States * District Court for the District of Appellant, * Nebraska. * v. * [UNPUBLISHED] * William Stock; Janette Stock; * * Interested Parties-Appellees,* * Unsecured Creditors Committee, * * Interested Party. * _____________ Submitted: May 19, 1997 Filed: May 30, 1997 _____________ Before McMILLIAN, ROSS, and FAGG, Circuit Judges. _____________ PER CURIAM. JAS Enterprises, Inc. (JAS) appeals the district court's judgment that allowed an administrative expense claim filed by William and Janette Stock. On appeal, JAS contends (1) the bankruptcy court's finding that JAS received an actual tangible benefit is clearly erroneous, (2) the bankruptcy court improperly measured the administrative expenses, and (3) the Stocks are estopped from obtaining administrative expenses by failing to mitigate their damages. The district court carefully considered these issues, and having reviewed the record and the parties' briefs, we agree with its analysis. We thus affirm for the reasons stated in the district court's memorandum opinion. See 8th Cir. R. 47B. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-

Document Info

Docket Number: 95-4192

Filed Date: 5/30/1997

Precedential Status: Non-Precedential

Modified Date: 4/17/2021