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
Continue Reading What Constitutes “Goods” Under Bankruptcy Section 503(b)(9)?
Goody's Family Clothing bankruptcy
Third Circuit Affirms Delaware Bankruptcy Court Stub Rent Decision
By Fox Rothschild LLP on
Below is a post from Michael Temin, senior counsel with Fox Rothschild.
—————————————————————————–
Bankruptcy Code § 365(d)(3) requires the trustee or the debtor in possession to “timely perform all the obligations of the debtor . . .arising from and after the order for relief under any unexpired lease of nonresidential real property, until such lease is assumed or rejected, notwithstanding section 503(b)(1).” In 2001 the Third Circuit construed this section to require the debtor to perform the lease in accordance with its terms. CenterPoint Properties v. Montgomery Ward Holding Corp. (In re Montgomery Ward Holding Corp.), 268 F.3d 205 (3d Cir. 2001).Continue Reading Third Circuit Affirms Delaware Bankruptcy Court Stub Rent Decision
Decision in Goody’s Holds That Administrative Claims Under 503(b)(9) Apply to Goods, Not Services
By Fox Rothschild LLP & Fox Rothschild LLP on
Introduction
The Honorable Christopher S. Sontchi, presiding over the Goody’s bankruptcy in the United States Bankruptcy Court for the District of Delaware, issued a decision recently regarding the scope…
Continue Reading Decision in Goody’s Holds That Administrative Claims Under 503(b)(9) Apply to Goods, Not Services