IN RE NORTH COUNTY PLACE, LTD.

Bankruptcy Nos. LA 84-09004 SB, LA 84-07435 SB, LA 84-07436 SB, LA 84-09002 SB and LA 84-09003 SB, Ref. No. M6-07125 SB.

92 B.R. 437 (1988)

In re NORTH COUNTY PLACE, LTD., Debtor. In re Marc H. SIEGAL, Debtor. In re GRANADA CALABASAS LTD., Debtor. In re CALABASAS BUSINESS PARK, PHASE I LTD., Debtor. In re PARKWAY CALABASAS LTD., Debtor. In re AMERICAN SAVINGS AND LOAN ASSOCIATION, Movant, v. David A. GILL, Chapter 11 Trustee, Respondent.

United States Bankruptcy Court, C.D. California.

October 17, 1988.


Attorney(s) appearing for the Case

David M. Stern, Stern & Miller, Santa Monica, Cal., for American Sav. and Loan.

David R. Weinstein, David A. Gill, Danning, Gill, Gould, Diamond & Spector, Los Angeles, Cal., for trustee.

Arnold Kupetz, Sulmeyer, Kupetz, Baumann & Rothman, Los Angeles, Cal., for Marc Siegal.

McCutchen, Black, Verleger & Shea, Buchalter, Nemer, Fields & Younger, Los Angeles, Cal., for special real estate listing counsel for trustee.

Wyman, Bautzer, Kuchel & Silbert, Los Angeles, Cal., for creditors committee.

Pachulski, Stang & Ziehl, Los Angeles, Cal., for Mitchel Siegal.


AMENDED OPINION AWARDING SURCHARGE ON COLLATERAL OF SECURED CREDITOR

SAMUEL L. BUFFORD, Bankruptcy Judge.

I. Introduction

This contested matter raises the question of whether the Chapter 11 trustee in a failed reorganization case may surcharge the collateral of the secured creditor American Savings & Loan Association ("American") for expenses incurred in the completion of the shopping center and office building belonging to the debtor...

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