Bankruptcy : Administrative Expense Claim – Unpaid Equipment Lease

Where appellant sought an allowance for an administrative expense claim for unpaid lease obligations and the bankruptcy court analyzed the motion for the expense claim under 11 U.S.C. Section 503(b)(1)(A), by declining to consider the motion under 11 U.S.C. Section 365(d)(5) the court shifted the burden of proof from the objecting party to the claimant, which was erroneous as a matter of law, so the decision is reversed and remanded.

Judgment is reversed and remanded.

GE Capital Commercial, Inc. v. Sylva Corporation, Inc. (MLW No. 67179/Case No. 14-6016 – 13 pages) (U.S. Bankruptcy Appellate Panel, 8^th Circuit, Saladino, J.) Appealed from U.S. Bankruptcy Court, District of Minnesota.

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