[DOWNLOAD] "In re Oxford Management Inc." by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free

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eBook details

• Title: In re Oxford Management Inc.
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 27, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

LITTLE, District Judge: The petitioner, Oxford Management, Inc. (""Oxford""), filed for bankruptcy under Chapter 11 of the Bankruptcy Code. Thereafter, the appellees, Katherine A. Bingler (""Bingler"") and J. Louis Matherne & Associates (""Matherne""), each brought suit against Oxford to collect monies owed from the lease of commercial office space. The bankruptcy court found that each appellee was entitled to its fee and ordered the funds harbored in an escrow account. The order was affirmed on appeal by the United States District Court following consolidation of the two separate proceedings. The petitioner now appeals the district court's ruling, asserting that the order was erroneous as a matter of law because the fees or commissions are the property of the bankruptcy estate and may only be disbursed in accordance with the provisions of the Bankruptcy Code. Because we find that the bankruptcy court abused its discretion under 11 U.S.C. § 105 (a) when it required the appellant to pay the appellees their claims, we reverse.

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