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- Title
STRADDLE OBLIGATIONS UNDER PREPETITION CONTRACTS: PREPETITION CLAIMS, POSTPETITION CLAIMS OR ADMINISTRATIVE EXPENSES?
- Authors
Bartell, Laura B.
- Abstract
The article considers the legal ramifications of post-petition payment claims filed by an individual or corporate debtor under the Bankruptcy Code. It clarifies the confusion arising from debtor's argument that such claims are administrative expenses under section 503(b), and could be executed after the bankruptcy filing is made. In contrast to the Code's treatment of the debtor's estate, the U.S. Supreme Court's ruling in Reading Co. v. Brown upheld that tort claims emerging from an arrangement should be treated as actual and necessary expenses of arrangement rather than debts of the bankrupt.
- Subjects
UNITED States; BANKRUPTCY claims; BANKRUPTCY; DEBTOR &; creditor; READING Co. v. Brown (Supreme Court case); PAYMENT; ADMINISTRATIVE fees
- Publication
Emory Bankruptcy Developments Journal, 2008, Vol 25, Issue 1, p39
- ISSN
0890-7862
- Publication type
Article