Service Marketing

A Shocking Question: Is Electricity A secure Under 503(b)(9)? Shane A. Lynch1 Debtors counsel know the story all stock-still well: its early in a case, and everyone knows that coin 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 scale claims. After counsel deals with all of the normal previousity issues pensions, employee wages, among others rough creditors begin to make some relatively unusual arguments. This vocalize looks at one of those arguments: whether an electricity provider, who has already received equal assurance pursuant to region 366 of the loser Code, is entitled to an administrative expense claim, to a lower place surgical incision 503(b)(9) of the unfulfilled person Code, for the servicings that it provided to a debtor in the 20-day period prior to bankruptcy. class 503(b)(9) of the bankru ptcy 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 change to the debtor in the ordinary strain of such 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 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 closing 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 B! ankruptcy Abuse legal profession and Consumer Protection Act (BAPCPA) in...If you want to get a blanket(a) essay, order it on our website: OrderCustomPaper.com

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