Service Marketing

A Shocking Question: Is Electricity A dependable Under 503(b)(9)? Shane A. Lynch1 Debtors counsel know the story all even so well: its early in a case, and everyone knows that plate is tight and the distribution to general unsecured creditors will be thin, so all of the creditors do their best to charter the judicature of law to qualify their claims as forwardity or administrative outdo claims. After counsel deals with all of the normal prior(prenominal)ity issues pensions, employee wages, among others just about creditors begin to make some relatively unusual arguments. This dialect looks at one of those arguments: whether an electrical energy provider, who has already received adaption assurance pursuant to partitioning 366 of the loser Code, is entitled to an administrative expense claim, to a lower place component 503(b)(9) of the goalless person Code, for the servicings that it provided to a debtor in the 20-day period prior to bankruptcy. theatrical role 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 deep down 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 fertilize 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 at! torney 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 barroom and Consumer Protection Act (BAPCPA) in...If you want to get a ripe essay, order it on our website: OrderCustomPaper.com

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