How have courts interpreted Section 726(b) of the Bankruptcy Code regarding disgorgement?
MultiRegion, United States of America
The following excerpt is from In re Headlee Mgmt. Corp., 519 B.R. 452 (Bankr. S.D.N.Y. 2014):
To address the various policy arguments raised by the professional (many of which resemble the arguments raised in this case by Tarter), the court stated that 726(b) is not ambiguous and must be followed. Specker, 393 F.3d at 664. Disgorgement also comported with the overarching policy in the Bankruptcy Code favoring equality of distribution. Id. (citing Begier v. Internal Revenue Serv., 496 U.S. 53, 58, 110 S.Ct. 2258, 110 L.Ed.2d 46 (1990) ).
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