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SPECKER MOTOR SALES CO. v. EISEN

No. 2:03-CV-79.

300 B.R. 687 (2003)

SPECKER MOTOR SALES CO., d/b/a Choice Motor, Plaintiff/Appellant, v. Saul EISEN, et al., Defendants/Appellees.

United States District Court, W.D. Michigan, Southern Division.

June 20, 2003.

Attorney(s) appearing for the Case

Donald W. Bays, Osstyn, Bays, Ferns & Quinnell, LLP, Marquette, MI, for Specker Motor Sales Company.

Michael V. Maggio, U.S. Trustee, Grand Rapids, MI, for Saul Eisen.

OPINION

ENSLEN, District Judge.

This bankruptcy appeal raises a question regarding whether 11 U.S.C. § 726(b) mandates disgorgement of interim payments to professionals to effect pro rata distribution of Chapter 11 administrative debts or leaves disgorgement to the court's discretion. The Court will affirm the Order of the Bankruptcy Court.

I. Background

The facts are not in dispute and are as follows. Plaintiff...

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