by: Shane G. Ramsey
Kilpatrick Townsend & Stockton LLP; Atlanta
Under § 503(b)(9) of the Bankruptcy Code, trade creditors are granted an administrative-priority claim for the value of goods that they had sold and delivered to the debtor in the ordinary course of the debtor’s business, and the debtor had received within 20 days of its bankruptcy filing. Although § 503(b)(9) appears to be a simple, rather uncomplicated provision, it has nevertheless been the subject of litigation over some of its seemingly simple terms. One such area of litigation is over the meaning of the term “goods” and whether it is broad enough to encompass certain things such as electricity, water and natural gas provided by utility companies. This article addresses the growing number of decisions to touch on these issues.
Read the full article.
On Jan. 21, 2011, in New York, I had the opportunity to talk with ABI’s President-Elect Geoffrey L. Berman, vice president of Development Specialists Inc., about his future plans for ABI and his thoughts about where the restructuring world is headed and advice for young restructuring lawyers.
Read the full interview.
ABI's 29th Annual Spring Meeting will be held March 31 - April 3, in National Harbor, Md. The Young and New Members Committee will give a joint presentation with the Legislation Committee during which the panel will discuss bankruptcy implications from the financial reform bill, specifically the provisions that set up bankruptcy alternatives. With this panel and dozens of other presentations, the Annual Spring Meeting provides the opportunity for earning up to 15.75/18.5 CLE/CPE credits, including 3 ethics credits. Optional events, including a group outing to watch the Cleveland Cavaliers take on D.C.'s own Washington Wizards, and final night entertainment with LeAnn Rimes make this an event not to miss!
While you are there don’t forget to check out the membership table for tutorials and information on ABI’s newest products – Volo, Asset Sales Databank and our exclusive online Code and Rules – as well as a chance to win a free Kindle®!
Click here to register.
Did you know that all of ABI's publications are written by experts in the field and are widely used by the bankruptcy bar and bench? You can own these same publications by visiting the online ABI Bookstore. The ABI Bookstore carries over 40 publications, offers several bundled packages for your convenience and includes free ground shipping!
If you are a new practitioner, or simply new to the bankruptcy field, you may find the publications in our Young Members Bundle an interesting read. This bundle is deeply discounted and includes: (1) Mini-Code (2) Mini-Rules (3) Bankruptcy Overview: Issues, Law and Policy, Sixth Edition (4) Bankruptcy in Practice, Fourth Edition (5) Chapter 11 - "101" The Nuts and Bolts of Chapter 11 Practice: A Primer (CD-Rom format).
You can find these individual publications, and many others, at the ABI Bookstore.
ABI members can view all educational materials from previous conferences online, dating back to 2000. To view the educational materials archive, click here. Related educational materials can also be found by topic on the committee page. To view materials by topic, click here. While you're there, don't forget to join a committee of interest!