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ABI Journal

Administrative Expense Claims

Alabama Judge Rejects Second Circuit’s Bankruptcy Act Opinion in Straus-Duparquet

There is no implied assumption of an executory employment contract under the Bankruptcy Code.

Fifth Circuit Holds that Chapter 7 Trustees Presumptively Get Statutory Commissions

In the Fifth Circuit, chapter 7 trustees lock in higher compensation.

Properly Read, Seventh Circuit Opinion Does Not Undercut DIP Financing

Opinion does not mean that a DIP financing lien terminates when collateral is transferred.

Administrative Status Given for Claims Against an Assignee for Creditors

Chicago judge finds flexibility for granting ‘protection’ claims under Section 543(c)(1).

Chicago Strikes Out on Priority Status for Post-Petition Parking Fines

Clever drafting of chapter 13 plans prevents collection of post-petition parking fines.

“Substantial Contribution” Claim Allowed in Chapter 13

Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.