No. 20-310
Robert James Keach, Estate Representative of Post-Effective Date Estate of Montreal, Maine, and Atlantic Railway, Ltd. v. New Brunswick Southern Railway Company, Ltd., et al.
Tags: bankruptcy-code federal-equity-receivership fosdick-v-schall priority-of-payment priority-payment railroad-reorganization six-months-rule unsecured-claims
Key Terms:
JusticiabilityDoctri
JusticiabilityDoctri
Latest Conference:
2020-11-13
Question Presented (from Petition)
Whether the "six months rule" entitles unsecured claims for necessary operating expenses incurred by a railroad in the six months before bankruptcy to priority of payment if the railroad has not diverted any income away from the payment of such claims to pay secured creditors.
Question Presented (AI Summary)
Whether the 'six months rule' entitles unsecured claims for necessary operating expenses incurred by a railroad in the six months before bankruptcy to priority of payment if the railroad has not diverted any income away from the payment of such claims to pay secured creditors
Docket Entries
2020-11-16
Petition DENIED.
2020-10-28
DISTRIBUTED for Conference of 11/13/2020.
2020-10-27
Reply of petitioners Robert James Keach, Estate Representative of the Post-Effective Date Estate of Montreal, Maine, et al. filed. (Distributed)
2020-10-09
Brief of respondents New Brunswick Southern Railway Company Limited and Maine Northern Railway Company in opposition filed.
2020-09-04
Petition for a writ of certiorari filed. (Response due October 9, 2020)
Attorneys
New Brunswick Southern Railway Company Limited and Maine Northern Railway Company
Alan Roger Lepene — Thompson Hine LLP, Respondent
James Joseph Henderson — Thompson Hine LLP, Respondent
Robert James Keach, Estate Representative of the Post-Effective Date Estate of Montreal, Maine, and Atlantic Railway, Ltd.