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IN RE UNITCAST, INC.

BAP Nos. 97-8061, 97-8083.

219 B.R. 741 (1998)

In re UNITCAST, INC., f/k/a William Cook North American Unitcast, Inc., Debtor. UNITED STATES of America, Appellant, v. SCHOTTENSTEIN, ZOX & DUNN; Hunter & Schank Co., L.P.A.; Phillip Adams; Bugbee & Conkle; Findley, Davies & Company; William Eachus; Richard Olt; Midwest Environmental Consultants, Inc.; Bruce Comly French, Chapter 7 trustee, Appellees.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided March 26, 1998.

Attorney(s) appearing for the Case

Henry J. Riordan, U.S. Department of Justice, Tax Division, Washington, DC, argued and on brief, for Appellant.

E. James Hopple, Schottenstein, Zox & Dunn, Columbus, OH, argued and on brief, Mary Ann Whipple, Fuller & Henry, Thomas J. Schank, Hunter & Schank Co., Tybo A. Wilhelms, David M. McCarty, Bugbee & Conkle, John P. Stockwell, Stockwell & Cooperman, Howard B. Hershman, Gressley, Kaplin & Parker, H. Buswell Roberts, Jr., Nathan & Roberts, Toledo, OH, Bruce Comly French, Lima, OH, on brief, for Appellee.

Before: LUNDIN, STOSBERG, and WALDRON, Bankruptcy Appellate Panel Judges.

OPINION

After this Chapter 11 case converted to an "administratively insolvent" Chapter 7 case, the United States of America moved for an accounting, disgorgement of fees paid to professionals, and immediate payment of its administrative expense claim. On summary judgment, the bankruptcy court denied the motion, finding that the government could not prove an entitlement to disgorgement because its penalty claim, under IRC § 4971, for the Debtor's failure to...

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