News & Analysis as of

Section 503(b)(9) Bankruptcy Code

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Lowenstein Sandler LLP

Is the Spark Gone?

Section 503(b)(9) of the Bankruptcy Code gives a massive boost to creditors that sold goods to a financially distressed customer shortly before the customer’s bankruptcy filing. While claims for goods sold before a bankruptcy...more

Nelson Mullins Riley & Scarborough LLP

Does Electricity Supplied Within 20 Days of a Bankruptcy Qualify for Section 503(b)(9) Priority Status? Recent Decisions Say “No”

Section 503(b)(9) Overview - Ever since its addition to the Bankruptcy Code in 2005, there has been an ongoing debate as to whether electricity is a “good” or a “service” for purposes of section 503(b)(9). If electricity...more

Baker Donelson

503(b)(9) Claims in Bankruptcy: Understanding the "Golden Ticket" Administrative Claim

Baker Donelson on

When a debtor files for bankruptcy, its creditors line up to receive payment in order of priority, with claims of vendors and suppliers typically at or toward the back of the line, often receiving pennies on the dollar. ...more

Pillsbury Winthrop Shaw Pittman LLP

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

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

Lowenstein Sandler LLP

The New Value Defense

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In this episode of Lowenstein’s Bankruptcy Lowdown, Eric Chafetz and Phillip Khezri of the firm’s Bankruptcy & Restructuring Department discuss a recent Eleventh Circuit Court of Appeals decision that the post-petition...more

Miller Canfield

Eleventh Circuit Bolsters Preference Defense by Holding That 503(b)(9) Claims Do Not Reduce the Subsequent New Value Defense

Miller Canfield on

Preference defense received an important boost this week when the Eleventh Circuit decided that invoices paid under 11 U.S.C. § 503(b)(9) can count as "new value" in defending against preference claims. It is the first...more

Jones Day

To Have and to Hold: Third Circuit Rules That Physical Possession of Goods Is Required Under Section 503(b)(9) of the Bankruptcy...

Jones Day on

Since its enactment as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, section 503(b)(9) of the Bankruptcy Code has provided an important safety net for creditors selling goods to financially...more

Obermayer Rebmann Maxwell & Hippel LLP

The Cookie Crumbles in Baker’s Bid for a § 503(b)(9) Administrative Claim

Under section 503(b)(9) of the Bankruptcy Code, a creditor may recover as a priority administrative expense the value of goods sold to the debtor in the ordinary course of its business that are “received” by the debtor within...more

Cole Schotz

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

Cole Schotz on

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

Perkins Coie

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

Perkins Coie on

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

McCarter & English, LLP

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

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

Burr & Forman

Shipped Goods Deemed “Received” Upon Physical Possession for Allowed Claims for Administrative Expenses in Bankruptcy

Burr & Forman on

Signed, sealed, delivered, but am I yours? Apparently not, according to the United States Court of Appeals for the Third Circuit, at least in the context of allowed administrative expense claims under Section 503(b)(9) of the...more

Cole Schotz

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

Cole Schotz on

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

Shumaker, Loop & Kendrick, LLP

Recent Article on the Nuts and Bolts of Section 503(b)(9) Claims in Chapter 11 Cases

The so-called 20-day administrative priority claim (set forth in Section 503(b)(9) of the Bankruptcy Code) is perhaps the best remedy available to vendor creditors in Chapter 11 cases....more

Shumaker, Loop & Kendrick, LLP

The Chapter 11 Vendor Game Changer: Section 503(b)(9) Claims

What is Section 503(b)(9)? This section of the Bankruptcy Code provides an allowed administrative expense for “the value of any goods received by the debtor within 20 days before the date of commencement of a case * * * in...more

Cole Schotz

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

Cole Schotz on

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

Troutman Pepper

Delaware Bankruptcy Court: Debtors Can Offset Administrative Claims Before General Unsecured Claims

Troutman Pepper on

While section 503(b)(9) claims deserve priority payment over general unsecured claims, they do not provide a basis for stripping a debtor’s defenses in determining the allowed amount of a section 503(b)(9) claim....more

Cooley LLP

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

Cooley LLP on

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

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