Supreme Court of the United States

Reading Co. v. Brown

June 3, 1968391 U.S. 471

Summary

Justice Harlan's opinion held that damages caused by a receiver's negligence within the scope of his authority qualify as actual and necessary costs of a Chapter XI arrangement, entitled to administrative-expense priority. Fairness requires that those injured by continued business operations recover ahead of the preexisting creditors for whose benefit those operations continued. The Court also rejected treating these postpetition tort claims as general claims under § 63a. It reversed and remanded without deciding whether negligence actually occurred. Chief Justice Warren, joined by Justice Douglas, dissented, arguing that administrative priority should cover only costs necessary to preserve and administer the estate, not ordinary negligence claims, and would have affirmed. Justice Marshall did not participate.

Holding

  • Administrative-expense priority for damages caused by a Chapter XI receiver's negligence.. Damages resulting from the negligence of a receiver acting within the scope of his authority are actual and necessary costs of the Chapter XI arrangement.
  • Provability of post-arrangement tort claims as general claims under § 63a.. A tort claim arising during an arrangement is not provable as a general claim in the subsequent bankruptcy under § 63a.

Docket 127

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