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Tiburon Pointe Apartments, L.L.C., Ch. 11, BK10-81026-TLS (Oct. 22, 2012)

The court denied the administrative expense applications filed by the debtor’s equity interest holders. The applicants were unable to establish that their involvement in the case provided a “substantial contribution” to the estate as required by § 503(b)(3)(D). The equitable “common fund” doctrine did not provide a remedy because the movants did not demonstrate any “dominating reasons of justice” to invoke it.

Monday, October 22, 2012