Service Marketing

A Shocking Question: Is Electricity A salutary Under 503(b)(9)? Shane A. Lynch1 Debtors counsel know the story all up to now well: its early in a case, and everyone knows that ash gray is tight and the distribution to general unsecured creditors will be thin, so all of the creditors do their best to charter the move of law to qualify their claims as forwardity or administrative vanquish claims. After counsel deals with all of the normal prior(prenominal)ity issues pensions, employee wages, among others roughly creditors begin to make some relatively unusual arguments. This forge looks at one of those arguments: whether an electrical energy provider, who has already received date assurance pursuant to separate 366 of the loser Code, is entitled to an administrative expense claim, to a lower place member 503(b)(9) of the washed-up person Code, for the servicings that it provided to a debitor in the 20-day period prior to bankruptcy. partitioning 503(b)(9) of the bankruptcy Code provides: (b) After notice and a hearing, there shall be allowed administrative expenses, other than claims allowed under section 502(f) of this title, including . . . (9) the value of both comfortablys received by the debtor in spite of appearance 20 age before the date of commencement of a case under this title in which the goods have been sell to the debtor in the ordinary strain of much(prenominal) debtors business.

Do electricity providers fall under section 503(b)(9)? In approximately cases, there is no question that the electricity provider provided service to the debtor in the ordinary course Shane Lynch is an attorne! y in the Dallas office of Wright Ginsberg Brusilow P.C., where he practices in the Bankruptcy Reorganization and Bankruptcy Law group. 1 51149284.2 of business, and that it provided such service during the 20 days prior to bankruptcy. Thus the last(a) issue arises: is electricity a good for the purposes of section 503(b)(9)? Section 503(b)(9) was added to the Bankruptcy Code by the Bankruptcy Abuse streak and Consumer Protection Act (BAPCPA) in...If you want to get a generous essay, order it on our website: OrderCustomPaper.com

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