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IN RE KESSLER, INC.

Bankruptcy No. SK 90-85593, No. 1:91-CV-678.

142 B.R. 796 (1992)

In re KESSLER, INC., Debtor. KESSLER, INC., Appellant, v. UNITED STATES TRUSTEE, Appellee.

United States District Court, W.D. Michigan, S.D.

March 16, 1992.

Attorney(s) appearing for the Case

Robert A. Hendricks, Varnum, Riddering, Schmidt & Howlett, Grand Rapids, Mich., for appellant.

Michael V. Maggio, Office of the U.S. Trustee, Grand Rapids, Mich., for appellee.

OPINION

ROBERT HOLMES BELL, District Judge.

This bankruptcy appeal raises the issue of whether administrative claimants have standing to bring a claim under 11 U.S.C. § 506(c). Although this issue has been addressed by all of the bankruptcy judges in this district1, it is an issue of first impression for this court2 and this Circuit.

I. Facts

Kessler, Inc., ("Debtor"), a manufacturer...

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