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Beware of claims bar dates for Section 503(b)(9) administrative priority claims in favor of goods suppliers.(credit column)

Business Credit

| November 01, 2007 | Nathan, Bruce | COPYRIGHT 2007 National Association of Credit Management. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Goods sellers are the under Bankruptcy Code Section 503(b)(9). This section was added by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Trade creditors can now assert an administrative priority claim for the sums due for goods they had sold and delivered to the debtor that the debtor had received within 20 days of bankruptcy ("20-Day Goods").

Trade creditors that successfully assert a Section 503(b)(9) administrative priority claim for 20-Day Goods have an increased likelihood of full and quicker recovery of this claim. However, this new priority claim has raised many questions, including the deadline for its assertion. The United ...

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