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First Impressions: The Eleventh Circuit Examines 20-Day Administrative Expense Claims and the Subsequent New Value Preference Defense | Jones Day

The Bankruptcy Code confers "administrative expense" priority status on the claims of vendors for the value of goods that are shipped in the ordinary course of business and received by...
United States Barbara Lagoa N Yc Shoes Inc Check Reporting Servs Inc Dearborn Bancorp Inc Us Court

Eleventh Circuit Holds That Post-Petition Payment Of Administrative Expense Does Not Diminish Subsequent New Value Defense - Insolvency/Bankruptcy

In a positive decision for trade vendors and non-debtor suppliers, the Eleventh Circuit, in Auriga Polymers Inc. v. PMCM2, LLC, held that a Section 503(b)(9) post-petition priority payment received by a creditor...
Beaulieu Group Auriga Polymers Inc Eleventh Circuit Auriga Polymers Bankruptcy Code Bankruptcy Preference
Source: mondaq.com

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Post-Petition Payment for Pre-Petition Delivery of Goods under Section 503(b)(9) Does Not Reduce Creditor's Subsequent New Value Defense to Preference Lawsuit | Pillsbury Winthrop Shaw Pittman LLP

An Eleventh Circuit Court of Appeals’ decision permits a creditor both to be paid in full under Bankruptcy Code section 503(b)(9) for goods delivered within 20 days before commencement...
Us Court Circuit Court Beaulieu Group Auriga Polymers Inc Auriga Polymers Bankruptcy Code

Client Alert: Breaking News - Shumaker Win: 11th Circuit Court of Appeals Issues a Significant Ruling in Favor of Chapter 11 Preference Defendants | Shumaker, Loop & Kendrick, LLP

WE WON. WE MADE NEW LAW - In the Chapter 11 case of Beaulieu Group, LLC (carpet industry in Dalton, Georgia) in the U.S. Bankruptcy Court for the Northern District of Geo...
United States Liquidating Trustees Us Bankruptcy Court Us Circuit Court Circuit Court Beaulieu Group

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