Administrative Expense Claims

“It’s the Economy, Stupid!” In Bankruptcy, It’s Actually the Budget

April 2020

Topic Tags

Administrative Expense Claims

Asset Sales

Business Reorganization

Finance and Banking

First-day Motions

Retail

Delaware Judge Upholds U.S. Trustee Fee Increase in Pending Cases

Parting with some other bankruptcy courts, Judge Walrath upholds the constitutionality of the major increase in U.S. Trustee fees that was imposed on pending cases in early 2018.

Court :

3rd Circuit

Delaware

Delaware Court Throws Treatment of “Straddle Taxes” into Doubt

Jan 2020

Bankruptcy Code

503

507

Topic Tags

Administrative Expense Claims

Claims

Practice and Procedure

Bankruptcy Taxation

First-day Motions

Beware of Attempts to Loot § 503(b)(9) Expenses Through Preference Exposure

Bankruptcy Code

Topic Tags

Administrative Expense Claims

Practice and Procedure

Scope of Agreed-Upon Orders on the Use of Cash Collateral Limited

Dec 2019

Bankruptcy Code

11 U.S.C. § 363

Topic Tags

Administrative Expense Claims

Business Reorganization

First-day Motions

Fifth Circuit to Rule on Whether Increased U.S. Trustee Fees Are Retroactive

Another bankruptcy judge rules that the increase in U.S. Trustee fees does not apply to pending chapter 11 cases.

Court :

5th Circuit

Planning Cash Flow in Health Care Bankruptcies: Medicare and the Administrative Freeze

Oct 2019

Bankruptcy Code

11 U.S.C. § 362

553

Topic Tags

Administrative Expense Claims

Asset Sales

Automatic Stay

Claims

Executory Contracts/Leases

Business Reorganization

First-day Motions

Health Care

Turnaround Issues

Uncodified Best Practices in the Digital Age: Expectations Regarding the Reasonable Use of Technology

Oct 2019

Bankruptcy Code

342

521

Topic Tags

Administrative Expense Claims

Fifth Circuit Clarifies ‘Admin’ Status for a Drilling Contractor’s Post-Rejection Claims

Appeals court holds that a specific request from the debtor isn’t required to justify allowance of an ‘admin’ claim.

Court :

5th Circuit

Increased U.S. Trustee Fees Stick to ‘Revolvers’ but Not to Pending Cases

Seventh Circuit reverses and imposes the U.S. Trustee fee on ‘revolver sweeps,’ but Judge Huennekens rules that the fee increase violates two clauses in the Constitution.

Court :

7th Circuit

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