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IN RE LORBER INDUSTRIES OF CALIFORNIA

Nos. 07-56227, 07-56309.

564 F.3d 1098 (2009)

In re LORBER INDUSTRIES OF CALIFORNIA, Debtor, California Self-Insurers' Security Fund, Appellant, v. Lorber Industries of California; Official Committee of Unsecured Creditors, Appellees. In re Lorber Industries of California, Debtor, Lorber Industries of California, Appellant, v. California Self-Insurers' Security Fund, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 4, 2009.

Attorney(s) appearing for the Case

Daniel R. Sovocool, Louis J. Cisz, III and Marcus O. Colabianchi, Thelen Reid Brown Raysman & Steiner, LLP, San Francisco, CA, the for appellant and cross-appellee.

Joseph A. Eisenberg P.C. and David M. Poitras P.C., Jeffer, Mangels, Butler & Marmaro LLP, Los Angeles, CA, for the appellees and cross-appellants.

Before JEROME FARRIS and KIM McLANE WARDLAW, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

WILLIAM W. SCHWARZER, District Judge:

The United States Bankruptcy Code establishes priority for certain nondischargeable obligations owed by a debtor to a state that qualify as an excise tax. 11 U.S.C. § 507(a)(8)(E)(ii).1 This case concerns a statutorily imposed obligation of the debtor, Lorber Industries ("Lorber"), to the California Self-Insurers' Security Fund ("Fund") for reimbursement of workers' compensation benefits that...

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