Administrative Expense Claims

Is Electricity a “Good” Eligible for § 503(b)(9) Priority Status?

Nov 2023

Four Circuits Agree: Debtors Get Refunds for Overpayment of U.S. Trustee Fees

With four circuits in agreement, the Supreme Court isn’t likely to grant cert to rule on whether chapter 11 debtors are entitled to refunds for overpayment of U.S. Trustees fees that were held unconstitutional in Siegel.

Fifth Circuit Approves Breakup Fees as ‘Admin’ Expenses or Costs of Sale

The Fifth Circuit avoided deciding whether approval of breakup fees is judged by the more lenient Section 363(b) or the more exacting standard for administrative expenses under Section 503(b).

Got My DIP Loan, so “Every Little Thing Gonna Be Alright!”

Aug 2023

Three Circuits Now Require Refunds for Overpayment of U.S. Trustee Fees

The government has filed a petition for certiorari raising the question of whether refunds are the proper remedy following the Supreme Court’s Siegel decision finding that the 2018 increase in U.S. Trustee fees was unconstitutional.

Getting Blood Out of a Stone: Who Can Get Paid Administrative Expenses Out of the Assets of an Insolvent Cayman Company

Administrative Expenses Under § 503

Employing and Effectively Using Nonattorney Professionals

The Best Opinion Yet Ordering Refunds for Overpayment of U.S. Trustee Fees

All three courts to confront the question have now ordered the government to refund overpayments of U.S. Trustee fees.

Plan-Support Agreements: Uncertainty Abounds

Feb 2023