IN RE MELINO CIGAR & CANDY CO., INC.

Bankruptcy No. 8100379, Adv. No. 810213.

22 B.R. 703 (1982)

In re MELINO CIGAR & CANDY CO., INC., Debtor. COSTELLO BROS., INC., Plaintiff, v. PAWTUCKET INSTITUTION FOR SAVINGS, et al., Defendants.

United States Bankruptcy Court, D. Rhode Island.

August 26, 1982.


Attorney(s) appearing for the Case

Alan P. Cusick, Providence, R.I., for plaintiff.

Maury A. Ryan, Asquith, Merolla, Anderson, Ryan & Wiley, Providence, R.I., for Nat. Grange Mut. Ins. Co.

Louis A. Geremia, Providence, R.I., Trustee.

Carolyn R. Barone, Allen M. Kirshenbaum Law Offices, Providence, R.I., for Reclaiming Creditors.

Blais, Cunningham & Crowe, Chester, Pawtucket, R.I., for Secured Creditors.


ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

The question for determination is whether a guarantor's payment on a surety bond for cigarette tax stamp liability constitutes a priority administrative expense pursuant to 11 U.S.C. § 503(b)1(B) and § 507(a)(1).

A brief recital of the facts is helpful. On April 6, 1981 Melino Cigar & Candy Company, Inc. sold cigarettes, cigars, candy, etc. to the Plaintiff, Costello Bros., Inc. Costello took partial...

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