In Re: RNI Wind Down Corp., Case No. 06-10110(CSS), Sontchi, U.S.B.J. (Bankr. D. Del. July 9, 2007)
The Court overruled objections by the Plan Administrator that indemnification and advancement of attorneys’ fees to a former officer in connection with government civil and criminal investigation into the officer’s actions in connection with the debtor, should be disallowed under 502(e)(1)(B) of the Bankruptcy Code, holding that the claims for indemnification and advancement were not contingent, and the officer was not co-liable for such claims. The Court also refused to estimate the officer’s claim where the Plan Administrator had not shown it would cause undue delay to the administration of the bankruptcy.
