Figone
Figone v. Spear (In re GFS Creations, Inc.)
Opinion
Lead Opinion
Jenkins, J.
ORDER AFFIRMING ADMINISTRATIVE CLAIM JUDGMENT
INTRODUCTION
Appellant Frank J. Figone (hereafter “Figone”) appeals an Order of the Honorable Leslie Tchaikovsky, United States Bankruptcy Judge. The order limited Figone’s administrative claim on the bankrupt estate of GFS Creations, Inc. (hereafter “Estate”). Figone requested $47,848.16 for the claim and the Trustee of the estate, Richard Spear (hereafter *45 “Respondent”), requested $15,973.16. The Bankruptcy Court awarded the latter amount. For the reasons set forth in this memorandum and order, the Court hereby AFFIRMS the Bankruptcy Court’s order.
FACTUAL BACKGROUND
Figone’s son, Frank M. Figone, was President of GFS Creations, Inc. (hereafter “GFS”) when it entered Chapter 7 bankruptcy. During bankruptcy, the Estate was a party to litigation separate from the bankruptcy. The Estate brought a contract claim against Lewco, Inc. for allegedly supplying GFS with faulty resins used to manufacture foam footballs. In the interests of the litigation, Respondent’s counsel recommended that the younger Fi-gone find a storage facility for the toxic resins. Figone the younger subsequently arranged with his father, the appellant, to store…