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IN RE MacNEIL

No. 89-35620.

907 F.2d 903 (1990)

In re Donald MacNEIL; In re Sharlee MacNeil, Debtors. AMERICAN STATE BANK; CIT Financial Services, Inc., Appellants, v. Thomas G. MARKS, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 3, 1990.

Attorney(s) appearing for the Case

John M. Berman, Beaverton, Or., for appellant American State Bank.

Lee M. Hess, Becker, Hunt & Hess, Portland, Or., for appellant CIT Financial Services, Inc.

James Call and James W. Waggoner, Waggoner, Farleigh, Wada, Bogrand & Georgeff, Portland, Or., for appellee, Thomas G. Marks, Trustee.

Before WALLACE, SKOPIL and BRUNETTI, Circuit Judges.

PER CURIAM:

On August 11, 1989 the Bankruptcy Appellate Panel for the Ninth Circuit ("BAP") affirmed a decision of the United States Bankruptcy Court for the District of Oregon ("Bankruptcy Court") holding that under 11 U.S.C. § 726(b), Chapter 7 administrative expenses are entitled to priority over Chapter 11 claims granted superpriority status under 11 U.S.C. § 507(b). American State Bank v. Marks (In re MacNeil), 102 B.R. 766

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