In re J.J. Donovan & Sons, Inc.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court is a “Motion For Leave to File Statement of Claim for Administrative Expense Pursuant to 11 U.S.C. Section 503(b)(9)” (the “Motion”) filed by A.L. Prime Energy Consultant, Inc. (“Prime”). This case presents an issue of first impression in this Circuit: whether a bankruptcy court has the discretion to allow the late filing of a request for payment of a claim asserting priority un*336der § 503(b)(9) of the Bankruptcy Code (a “§ 503(b)(9) claim”).1

I. FACTS AND POSITIONS OF THE PARTIES

J.J. Donovan and Sons, Inc. (the “Debt- or”)…