United States Ninth Circuit

A bankruptcy trustee may not surcharge a creditor for expenses in preserving a property under 11 USC 506(c) after the secured creditor's claim has been disallowed, even if the claim was deemed an "allowed secured claim" afterwards.

Appellate Information

• Argued 12/06/2001
• Decided 01/17/2002
• Published 01/17/2002

Judges

• Before:  MELVIN BRUNETTI, ANDREW J. KLEINFELD and SIDNEY R. THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Seymour J. Abrahams, San Jose, California, for the appellant.


• For Appellees:
  
• Jeffrey B. Gardner, Saxon, Barry, Gardner & Kincannon, APC, Newport Beach, California, for the appellee.