- 11 U.S.C.
In re SemCrude LP
Oct
07
2009
Ruling
Debtor's agent ordered to supplement objection to administrative expense claim of "twenty day" creditors.
Procedural posture
The agent for the debtors' primary prepetition and postpetition secured lenders, filed an objection to the administrative priority claims of numerous "twenty-day" creditors against the debtors pursuant to 11 U.S.C.S. § 503(b)(9), who traded in oil and gas goods with the debtors.
ABI Membership is required to access the full summary of In re SemCrude LP Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Circuit City Stores Inc.
Sep
22
2009
Ruling
Court adopted UCC definition of "goods" and "predominant purpose test" to determine if hybrid transaction was for sale of goods or services.
Procedural posture
Debtors filed petitions under chapter 11 of the Bankruptcy Code, and creditors filed claims against the debtors' bankruptcy estates. The debtors filed objections to a number of claims which creditors filed, contending that the claims were not eligible for treatment as administrative claims under 11 U.S.C.S. § 503(b)(9) because they did not involve "goods" within the meaning of that section. The debtors moved for partial summary judgment.
ABI Membership is required to access the full summary of In re Circuit City Stores Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Pilgrims Pride Corp.
Sep
16
2009
Ruling
Claims by water and gas companies against corporate debtor for deliveries within 20 days of petition date entitled to priority status.
Procedural posture
The debtors in possession, producers and marketers of chicken products, filed objections to claims brought pursuant to 11 U.S.C.S. § 503(b)(9), by trucking, electric, water, and gas companies who dealt with the debtors pre-petition. The issue was whether those claims qualified for administrative priority treatment pursuant to § 503(b)(9).
ABI Membership is required to access the full summary of In re Pilgrims Pride Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Modern Metal Prods. Co.
Sep
16
2009
Ruling
Creditor that processed steel plates for debtor was not entitled to administrative expense claim.
Procedural posture
A creditor that processed steel plates for the debtor asserted an administrative expense claim under 11 U.S.C.S. § 503(b)(9). The debtor objected, asserting that the creditor had merely provided services, and that no title had passed as to any goods.
ABI Membership is required to access the full summary of In re Modern Metal Prods. Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Arts Dairy LLC
Jun
19
2009
Ruling
Administrative claim not entitled to immediate payment given objection by secured creditors.
Procedural posture
A debtor filed for relief under chapter 11 of the Bankruptcy Code. Two claimants sought an order allowing an administrative claim and authorizing the debtor to immediately pay the claim, pursuant to 11 U.S.C.S. § 503(b)(9). A creditor objected to the motion.
ABI Membership is required to access the full summary of In re Arts Dairy LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Goodys Family Clothing Inc.
Feb
06
2009
Ruling
Service vendor was not entitled to administrative expense claim.
Procedural posture
Chapter 11 debtors objected to a claim filed by a creditor on the grounds that it was misclassified as an administrative claim under 11 U.S.C.S. § 503(b)(9).
ABI Membership is required to access the full summary of In re Goodys Family Clothing Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Plastech Engineered Prods.
Sep
16
2008
Ruling
Section 502(d) does not apply to disallowance of administrative expenses under 503(b)(9).
Procedural posture
Debtor objected to the 11 U.S.C.S. § 503(b)(9) motions for administrative expenses filed by numerous parties.
ABI Membership is required to access the full summary of In re Plastech Engineered Prods. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Wetco Rest. Group LLC
Apr
23
2008
Ruling
Invoice pursuant to ongoing shipping arrangement within 20 days of petition date was not allowable as administrative expense claim.
Procedural posture
Movant, a supplier to debtor restaurant company, asked the court to allow and pay its administrative expense claim pursuant to 11 U.S.C.S. § 503(b)(9). At issue was whether goods shipped to debtor by movant within the 20 days prior to the filing of debtor's chapter 11 case.
ABI Membership is required to access the full summary of In re Wetco Rest. Group LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Brook Mays Music Co.
Aug
01
2007
Ruling
Trustee ordered to serve demand letters on alleged preferential transferees prior to bringing preference proceedings.
Procedural posture
A statutory trustee appointed in a debtor's chapter 7 case presented a preliminary report to the court regarding his analysis of the potential chapter 5 causes of action and his assessment of other administrative tasks that might be needed to complete the case.
ABI Membership is required to access the full summary of In re Brook Mays Music Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Dana Corp.
May
30
2007
Ruling
Extension of time to file claims denied where creditor received sufficient notice.
Procedural posture
A creditor filed a motion under Fed. R. Bankr. P. 9006(b), seeking enlargement of time it had under 11 U.S.C. § 503(b)(9) to file claims for the sale of goods delivered to a corporation and affiliated corporations (debtors) during the 20-day period preceding the date the debtors filed for bankruptcy.
ABI Membership is required to access the full summary of In re Dana Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: