- 11 U.S.C.
In re ADI Liquidation Inc.
May
05
2015
Ruling
Debtors could use setoff rights to reduce amount of goods priority claim.
Issue(s)
Could debtor use offset rights to reduce the amount of a § 503(b)(9) goods priority claim?
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Court
:
- 11 U.S.C.
Puerto Rico Elec. Power Auth. v. Rentas (In re PMC Mktg. Corp.)
Sep
23
2014
Ruling
Bankruptcy court erred in applying improper analysis of whether electricity supplied to debtor within 20 days of petition date was a "service" rather than a "good."
Issue(s)
Whether the bankruptcy court erred in concluding that the electricity a utility supplied to the debtor within the twenty days of the petition date was a "service" rather than a "good" entitled to receive priority treatment as an administrative expense under 11 U.S.C.S. § 503(b)(9).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re World Imps.
Sep
10
2014
Ruling
Claims for shipments made directly to debtor's customers were not entitled to administrative expense status.
Issue(s)
Were claims based on shipments made directly to debtor's customers entitled to administrative expense status?
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Court
:
- 11 U.S.C.
In re NE OPCO Inc.
Nov
01
2013
Ruling
Utility's administrative expense claim for electricity denied as not for a "good" while claim for natural gas, which was a "good," was allowed.
Issue(s)
Was utility entitled to administrative expense claim for the electricity and natural gas it provided to the debtors in the 20-days prior to bankruptcy.
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Court
:
- 11 U.S.C.
In re Wezbra Dairy LLC
Jun
03
2013
Ruling
Creditor denied administrative expense for cost of silage received by debtor within 20 days of petition date.
Procedural posture
Sellers of silage to a bankruptcy debtor for use in the debtor's dairy operation sought to recover the cost of silage received by the debtor during the 20 days prior to the debtor's bankruptcy petition pursuant to 11 U.S.C.S. § 503(b)(9) as the cost of goods received by the debtor in the ordinary course of business. The sellers moved for payment of the administrative expenses and a creditor objected.
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Court
:
- 11 U.S.C.
In re Energy Conversion Devices Inc.
Feb
11
2013
Ruling
Administrative expense claim for steel delivered to debtor prior to petition date allowed in full.
Procedural posture
In these jointly-administered chapter 11 cases, a creditor filed a motion seeking an order allowing its 11 U.S.C.S. § 503(b)(9) administrative expense and compelling the liquidation trustee to pay it immediately. The liquidation trustee under the chapter 11 debtors' confirmed plan filed an objection.
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Court
:
- 11 U.S.C.
In re Richfield Equities, LLC
Jan
15
2013
Ruling
Conversion of case from chapter 11 to chapter 7 did not reset date for filing an administrativeexpense claim. (Bankr. E.D. Mich.)
Issue(s)
Could creditor file an administrative expense claim after expiration of the original deadline where the case had subsequently been converted to chapter 7?
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Court
:
- 11 U.S.C.
In re Momenta Inc.
Aug
19
2011
Ruling
Creditor vendor was not entitled to administrative expense claim for drop shipment transactions.
Procedural posture
A vendor of Chapter 11 debtor filed a motion for the allowance of an administrative expense claim of $163,527.95 pursuant to 11 U.S.C.S. § 503(b)(9).
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Court
:
- 11 U.S.C.
In re Grede Foundries Inc.
Jun
01
2010
Ruling
Utilities' claim for value of electricity supplied in 90 days prior to petition date allowed.
Procedural posture
Two utilities filed claims for administrative expenses under 11 U.S.C.S. § 503(b)(9) for the value of electricity supplied to debtor in the 90 days pre-petition. Debtor objected. The utilities moved to strike a reply brief.
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Court
:
- 11 U.S.C.
In re Circuit City Stores Inc.
Jan
06
2010
Ruling
Administrative expense claim for goods provided to debtor 20 days prior to petition date temporarily disallowed pending determination of avoidability.
Procedural posture
Claimants submitted requests for administrative expenses under 11 U.S.C.S. § 503(b)(9) for providing goods to bankruptcy debtors within 20 days prior to the bankruptcy petition date. The debtors moved for temporary disallowance of the claims under 11 U.S.C.S. § 502(d) pending a determination of whether the claimed expenses constituted avoidable preferential transfers.
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Court
: