Debtors, Section 503(b)(9)

Is Electricity A Good Or A Service Under The Priority Provisions Of 11 U.S.C. § 503(B)(9)

Husch Blackwell LLP on 7/10/2024

Section 503(b)(9) of the Bankruptcy Code allows an administrative expense “for the value of any goods received by the debtor within 20 days before the date of the commencement of a case under this title in which the goods...more

Post-Petition Payment for Pre-Petition Delivery of Goods under Section 503(b)(9) Does Not Reduce Creditor’s Subsequent New Value...

Pillsbury Winthrop Shaw Pittman LLP on 9/12/2022

An Eleventh Circuit Court of Appeals’ decision permits a creditor both to be paid in full under Bankruptcy Code section 503(b)(9) for goods delivered within 20 days before commencement of a bankruptcy case, and to use the...more

Overview of Managing Customer Relationships in Troubled Times

Troutman Pepper on 4/8/2020

In the midst of the unprecedented global health challenge presented by the spread of the coronavirus (COVID-19), businesses will almost certainly face pervasive disruptions to operations as the economy experiences widespread...more

Recent Case Law Developments Impact Claims of Unpaid Suppliers for Goods Delivered Immediately Prior to Customer Bankruptcy

Dickinson Wright on 8/14/2017

Section 503(b)(9) of the Bankruptcy Code (11 U.S.C. §503(b)(9)) provides a special administrative priority claim for someone that supplies goods to a debtor in the 20 day period before the bankruptcy filing, but is unpaid as...more

Delaware Clarifies “Received” For Valuable 503(b)(9) Claims

Cole Schotz on 8/1/2017

Delaware’s Bankruptcy Court has recently issued two insightful opinions that impact a creditor’s ability to establish the “receipt” element of a valuable 503(b)(9) administrative expense priority claim. CASE 1: In re SRC...more

Third Circuit Decides Goods Are “Received” Upon Physical Possession in Bankruptcy Case

Perkins Coie on 7/26/2017

Many creditors that provide goods to a debtor before a bankruptcy case begins believe that their recovery will be mere cents on the dollar. While prepetition claims often receive small, if any, distributions, Section...more

Third Circuit Provides Guidance To Creditors Seeking Section 503(b)(9) Administrative Expense Status

McCarter & English, LLP on 7/21/2017

Unsecured creditors frequently find themselves in the lurch when a company files for bankruptcy. One of the few mechanisms for recovering the value of goods supplied to a debtor prior to a bankruptcy case is an administrative...more

Section 503(b)(9) Claims – What Does “Receipt” Really Mean?

Cole Schotz on 7/18/2017

In an era when goods or materials often originate from suppliers or manufacturers outside the United States, bankruptcy courts are grappling with when “receipt” of goods occurs for the purpose of 503(b)(9) claims. While...more

Getting the Most Bang for Your 503(b)(9) Bucks

Cole Schotz on 6/7/2016

Many creditors who have supplied goods to a debtor before a bankruptcy case begins think their only prospects for recovery will be pennies on the dollar. While often times, pre-petition claims are relegated to receive small,...more

Blog: When Are Goods “Received” By The Debtor? Establishing International Suppliers’ Entitlement To 503(B)(9) Administrative...

Cooley LLP on 10/6/2014

Section 503(b)(9) of the Bankruptcy Code provides creditors with an administrative expense priority claim for value of goods that were received by the debtor in the ordinary course within the 20 days prior to the bankruptcy...more

When Goods Are Shipped from Overseas, When Are They Considered “Received by the Debtor” for Purposes of Asserting a Section...

Sheppard Mullin Richter & Hampton LLP on 8/6/2014

A bankruptcy court in Pennsylvania recently held that trade creditors who supplied goods to a debtor prior to its bankruptcy filing were not entitled to administrative priority status under Bankruptcy Code section 503(b)(9)...more

Debtors › Section 503(b)(9)

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