United States Sixth Circuit

District court judgment upholding the bankruptcy court's denial of a claim seeking administrative expense priority status for amounts allegedly owed to claimant by his former employer is affirmed where: 1) any funds possibly owed to claimant arose prior to the bankruptcy filing, and thus could not be administrative expenses; 2) plaintiff asserted certain claims against the wrong party; 3) claimant was barred from asserting the WARN Act and severance components of his administrative expense claim; and 4) notice of a stipulation to claimant's agent constituted notice to claimant, thus claimant's due process rights were not violated.

Appellate Information

• Decided 02/05/2009
• Published 02/05/2009

Judges

• Before CLAY and GIBBONS, Circuit Judges;  STAMP, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Alexander Morris Spater, Spater Law Office, Columbus, Ohio, for Appellant.  Kathleen B. Burke, Jones Day, Cleveland, Ohio, for Appellee.   ON BRIEF:  Alexander Morris Spater, Spater Law Office, Columbus, Ohio, Solvita A. McMillan, Law Office, Lakewood, Ohio, for Appellant.   Kathleen B. Burke, Jones Day, Cleveland, Ohio, Nicholas M. Miller, DLA Piper, Chicago, Illinois, for Appellee.