Administrative Expense Claims

The “Substantial Contribution” Test for Indenture Trustees: Is It an Unfair Requirement?

Feb 2019

Bankruptcy Code

503

1101

1129

Topic Tags

Administrative Expense Claims

Creditors' Committee

Disgorgement upon Insolvency: Continuing Uncertainty

Oct 2018

Bankruptcy Code

726

Topic Tags

Administrative Expense Claims

Claims

Practice and Procedure

Business Reorganization

Chapter 13 Discharges Post-Filing Condo Assessments in the Ninth Circuit

Circuit court bases its decision on the omission of Section 523(a)(16) from Section 1328(a).

Court :

9th Circuit

Section 365(d)(3): More Bark or Bite?

May 2019

Bankruptcy Code

11 U.S.C. § 365

507

Topic Tags

Administrative Expense Claims

Bankruptcy Litigation

Executory Contracts/Leases

Real Estate

Courts Split on Paying Chapter 13 Debtor’s Counsel if Conversion Precedes Confirmation

Arizona judge declines to expand Harris v. Viegelahn to cases when conversion precedes confirmation.

Court :

9th Circuit

Arizona

New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly

Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.

Court :

3rd Circuit

Delaware

Order’s Up! Navigating Complex Restaurant Restructurings

July 2018

Bankruptcy Code

11 U.S.C. § 365

502

Topic Tags

Administrative Expense Claims

Asset Sales

Claims

Creditors' Committee

Executory Contracts/Leases

Agriculture/PACA

Hospitality, Entertainment Venues and Gaming

Labor/Employment

Real Estate

Retail

Debtor’s Chapter 13 Counsel Properly Stiffed for End-of-Case Fees

Practice point: Be sure that a chapter 13 discharge excepts debtor’s unpaid counsel fees.

Court :

9th Circuit

Contract Wages for Executives Are Not Presumptively Allowable Postpetition, BAP Says

An executive with a rejected contract must prove value to have an allowable administrative claim, 9th Circuit BAP says.

Court :

9th Circuit

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