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Administrative Expense Claims

Third Party Liability for Debtor’s Counsel Fees Precludes a Charging Lien

Third party liability for attorneys’ fees can leave debtor’s counsel in a worse position following nonpayment.

2nd Circuit
New York
New York Southern District

Misguided Travelers: The First Circuit’s Divergent Decision on Post-Sale Jurisdiction

Oct 2017

Bankruptcy Code
11 U.S.C. § 363
1334
Topic Tags
Administrative Expense Claims
Asset Sales
Claims
Bankruptcy Litigation
Executory Contracts/Leases
Practice and Procedure
Venue/Jurisdiction
Labor/Employment

‘Gift Plan’ Succeeds in Delaware Despite Jevic’s Ban on ‘Structured Dismissals’

Case shows why gift plans and structured dismissals demand a different analysis.

3rd Circuit
Delaware

An Allowance of Compensation Is Not a Money Judgment, Judge Teel Holds

Decision shows why fee awards are difficult to collect after dismissal.

D.C. Circuit
District of Columbia

Life After Jevic: An End to Priority-Skipping Distributions?

Sept 2017

Bankruptcy Code
349
1112
Topic Tags
Administrative Expense Claims
Asset Sales
Plan Confirmation
Practice and Procedure
Business Reorganization
First-day Motions

Offshore Oil and Gas Leases: The Unanswered Question

Sept 2017

Bankruptcy Code
11 U.S.C. § 365
Topic Tags
Administrative Expense Claims
Asset Sales
Claims
Bankruptcy Litigation
Creditors' Committee
Executory Contracts/Leases
Financial Advisors
Legislation
Business Reorganization
Real Estate
Turnaround Issues

Benchnotes Sept 2017

Sept 2017

Bankruptcy Code
11 U.S.C. § 363
547
727
1123
1307
1328
541
Topic Tags
Administrative Expense Claims
Asset Sales
Claims
Bankruptcy Litigation
Ethics
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability

ADI Liquidation: Bankruptcy Court Interprets “Receipt” in § 503(b)(9)

Sept 2017

Bankruptcy Code
503
Topic Tags
Administrative Expense Claims
Claims
Business Reorganization
Unsecured Trade Creditors

Goods Delivered Directly to a Debtor’s Customers Never Qualify for 503(b)(9)

Judge Shannon writes an important decision for the era of ecommerce.

3rd Circuit
Delaware

Receipt under Section 503(b)(9) Occurs on Physical Possession, Third Circuit Holds

Third Circuit aids suppliers because ‘receipt’ can occur after ‘delivery.’

3rd Circuit
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