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In re Anthony M. and Virginia J. Montemurro

17 B 10230
Upon the application of a state court-appointed receiver for allowance and payment of administrative expenses, held:  The receiver has established that, on the petition date, it was a custodian for the purposes of payment under 11 U.S.C. § 543(c)(2) and priority of payment under 11 U.S.C. § 503(b)(3)(E), and thus is entitled to assert a claim under both provisions.  As the receiver seeks payment from estate assets, the court applies the standard set forth in 11 U.S.C. § 503(b)(3)(E).  However, the receiver has not yet established that its claim meets that statute’s standards.  As a result, the receiver’s application is set for further hearing.

Date: 
Tuesday, February 13, 2018