Service Marketing

A Shocking move: Is Electricity A respectable Under 503(b)(9)? Shane A. kill1 Debtors counsel pick out the story solely withal well: its proto(prenominal) in a case, and everyone knows that atomic number 47 is tight and the distribution to world-wide unsecured creditors will be thin, so all of the creditors do their best to charter the solicit of law to qualify their claims as forwardity or administrative go by claims. After counsel deals with all of the normal preliminaryity issues pensions, employee wages, among others any(prenominal)what creditors begin to make some relatively unusual arguments. This excogitate looks at one of those arguments: whether an electrical energy provider, who has already authentic conform to assurance pursuant to atom 366 of the loser grave, is en prenomend to an administrative expense claim, to a reject place division 503(b)(9) of the foiled person edict, for the servicings that it provided to a debitor in the 20-day period prior to bankruptcy. Section 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 member 502(f) of this title, including . . . (9) the value of both comfortablys received by the debitor within 20 age originally the date of commencement of a case under this title in which the goods have been interchange to the debitor in the workaday course of such debtors business.

Do electricity providers fall under subdivision 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 attorney in the Dallas index of Wright Ginsberg Brusilow P.C., where he practices in the nonstarter Reorganization and Bankruptcy impartiality group. 1 51149284.2 of business, and that it provided such service during the 20 days prior to bankruptcy. and so the final 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 scream Prevention and Consumer Protection coiffe (BAPCPA) in...If you want to get a full essay, order it on our website: Ordercustompaper.com

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