11 U.S.C. §503(b)(9): A Primer on the Caselaw Two Years After BAPCPA
The enactment of 11 U.S.C. §503(b)(9) as part of BAPCPA was widely lauded as providing a great benefit to trade creditors. Under §503(b)(9), a creditor shall be allowed an administrative expense for “the value of any goods received by the debtor within 20 days before the date of the commencement of a case under [Title 11 of the U.S. Code (the Bankruptcy Code)] in which the goods have been sold to the debtor in the ordinary course of such debtor’s business.” Despite being on the books for over two years, there are few decisions of record interpreting the statute.