Service Marketing

A Shocking Question: Is Electricity A dependable Under 503(b)(9)? Shane A. Lynch1 Debtors counsel know the story all as well as well: its early in a case, and everyone knows that currency is tight and the distribution to general unsecured creditors will be thin, so all of the creditors do their best to charter the courtroom of law to qualify their claims as forwardity or administrative outperform claims. After counsel deals with all of the normal forwardity issues pensions, employee wages, among others around creditors begin to make some relatively unusual arguments. This musical phrase looks at one of those arguments: whether an electricity provider, who has already received alteration assurance pursuant to percentage 366 of the loser Code, is entitled to an administrative expense claim, to a lower place member 503(b)(9) of the down-and-out person Code, for the servicings that it provided to a debitor in the 20-day period prior to bankruptcy. department 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 within 20 age before the date of commencement of a case under this title in which the goods have been change to the debtor in the ordinary communication channel of such(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 deb tor in the ordinary course Shane Lynch is! an attorney 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 final examination 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 legal community and Consumer Protection Act (BAPCPA) in...If you want to get a salutary essay, order it on our website: OrderCustomPaper.com

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