Brown & Cole Stores, LLC v. Associated Grocers, Inc. (In Re Brown & Cole Stores, LLC)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MONTALI, Bankruptcy Judge.
This case presents us with an issue of first impression regarding new section 503(b)(9) (“§ 503(b)(9)”) of the Bankruptcy Code, as amended in 2005.2 We expect that the issue is of great importance to many sellers of goods to troubled companies. The new provision gives expense-of-administration priority (“administrative priority”) to a claim for the value of goods received by a debtor within 20 days before the commencement of the case and sold in the ordinary course of business (“twenty-day sales”).3 The bankruptcy court granted administrative priority to a…
2Cases cited16 opinions
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- In Re Cascade Roads, Inc., Debtor. United States of America v. Peter H. Arkison, TrusteeCourt of Appeals for the Ninth Circuit · 1994
- Smith v. Arthur Andersen LLPCourt of Appeals for the Ninth Circuit · 2005
- In Re: Hal, Inc. Hawaiian Airlines Inc. West Maui Airport, Inc. Debtors. Hal, Inc. Hawaiian Airlines Inc. West Maui Airport, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1997
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3Cited by16 opinions
- In Re Goody's Family Clothing, Inc.United States Bankruptcy Court, D. Delaware · 2009
- In Re Circuit City Stores, Inc.United States Bankruptcy Court, E.D. Virginia · 2009
- In Re Plastech Engineered Products, Inc.United States Bankruptcy Court, E.D. Michigan · 2008
- In Re Circuit City Stores, Inc.United States Bankruptcy Court, E.D. Virginia · 2010
- GFI Wisconsin, Inc. v. Reedsburg Utility CommissionDistrict Court, W.D. Wisconsin · 2010
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