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Expert Analysis

Some Needed Certainty On Administrative Expense Status

By Mark Sherrill (July 26, 2017, 4:08 PM EDT) -- The 2005 amendments to the Bankruptcy Code included the addition of an administrative expense claim for the value of goods received by the debtor in the 20 days prior to the bankruptcy filing. The allowance of an administrative expense priority — which generally garners payment in full — for a prepetition claim was a break from tradition and a significant boon to suppliers of goods. For that same reason, however, debtors have had an incentive to fight against the magnitude of such claims in any way possible. One tool for the debtors has often been the ambiguity surrounding the meaning of the word "received."...

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