Administrative Expense Claims

On an issue with no appellate authority, a Delaware district judge rules that federal income taxes are administrative claims if filing occurs before the year’s end.

Court :

3rd Circuit

Delaware

Revisiting Midlantic During COVID

Sept 2020

Bankruptcy Code

959

554

Topic Tags

Administrative Expense Claims

Business Reorganization

Covid19

Govt. Claims/Sovereign Immunity

An Appellate Ruling Shows the Difficulty of Preserving Carve-Outs

Aug 2020

Topic Tags

Administrative Expense Claims

Plan Confirmation

Professional Compensation/Fees

Business Reorganization

Judge Shefferly Confines Viegelahn to Its Facts

If a chapter 13 plan isn’t confirmed, the debtor’s counsel is paid.

Court :

6th Circuit

Michigan

Michigan Eastern District

COVID-19 and Chapter 11: Suspension Orders and Their Impact on Creditors’ Rights

June 2020

Bankruptcy Code

11 U.S.C. § 105

305

Topic Tags

Administrative Expense Claims

Claims

Court Administration

Executory Contracts/Leases

Covid19

Unsecured Trade Creditors

2% of Increased U.S. Trustee Fees Held Unconstitutional

Florida judge largely agrees with a Delaware judge by holding that the increase in fees for the U.S. Trustee program is neither impermissibly retroactive nor unconstitutional, mostly speaking.

Court :

11th Circuit

Florida

Florida Southern District