Section 503(b)(9) of the Bankruptcy Code gives a massive boost to creditors that sold goods to a financially distressed customer shortly before the customer’s bankruptcy filing. While claims for goods sold before a bankruptcy...more
Nothing is more frustrating to a trade creditor holding a large unpaid balance owed by a debtor in bankruptcy than the risk that payments the trade creditor received before the debtor filed bankruptcy may be clawed back by...more
6/1/2021
/ Administrative Expenses ,
Bankruptcy Code ,
Burden of Proof ,
Chapter 11 ,
Chapter 7 ,
Commercial Bankruptcy ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Creditors ,
Debtors ,
Financial Distress ,
Financial Solvency ,
Liquidation ,
New Value Exception ,
Ordinary Course of Business Defense ,
Perishable Agricultural Commodities Act (PACA) ,
SBA ,
Trade Credit ,
Transfers ,
Trustees ,
Vendors
In this Client Alert series, Lowenstein’s Bankruptcy, Financial Reorganization & Creditors’ Rights Department will introduce the various restructuring tools available to help businesses avoid financial catastrophe in the...more