As discussed in the prior post, creditors may receive administrative-expense priority for “the value of goods received by the debtor within 20 days before” the debtor’s bankruptcy filing “in
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Bankruptcy Law Basics
Bankruptcy Code Section 503(b)(9): Goods Shipped Within 20 Days
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It is your worst nightmare. You ship goods to a company, only to find out that shortly after shipment, it files for bankruptcy. Now, instead of receiving payment for those…
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Personal Injury or Wrongful Death Claims against Chapter 11 Debtors: How to Proceed
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Summary
When a company files for bankruptcy, they gain a number of protections under federal law. One of these protections is the “automatic stay” provided by 11 U.S.C. § 362.
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What is the Basis for an Administrative Rent Claim?
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There are generally three types of claims in a bankruptcy proceeding: unsecured claims, secured claims and administrative expense claims. Section 503 of the Bankruptcy Code governs the allowance of administrative…
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When Will a Bankruptcy Court Allow a Late-Filed Claim?
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Federal Rule of Bankruptcy Procedure 3003(c)(3) provides that “the [bankruptcy] court shall fix and for cause shown may extend the time within which proofs of claim or interest may be…
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What are the Scope and Limitations of a Rule 2004 Examination?
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Federal Rule of Bankruptcy Procedure 2004(a) states that “[o]n motion of any party in interest, the court may order the examination of any entity.” Courts construing Rule 2004(a) have found…
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When is an Appeal Equitably Moot?
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Introduction
On May 12, 2012, the United States District Court for the District of Delaware (the “District Court”) issued an opinion (the “Decision”) in the SemCrude…
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Seeking Relief from the Automatic Stay in Delaware
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Introduction
As more companies file for bankruptcy, creditors and other interested parties of a debtor must quickly familiarize themselves with the automatic stay. Section 362(a)(1) of the Bankruptcy Code stays…
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Decision in Custom Food Products Looks at Requirements for Service By Mail
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Those not familiar with the Federal Rules of Bankruptcy Procedure are often surprised to learn that service by mail is sufficient in a bankruptcy proceeding. Federal Rule of Bankruptcy Procedure…
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Decision in DHP Holdings Considers Forum Selection Clause in Deciding Whether to Grant Motion to Change Venue
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Introduction
In September of this year, the Honorable Mary F. Walrath, the presiding Judge in the DHP Holdings bankruptcy, issued a decision addressing the effect of a forum selection clause…
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