Are Section 503(b)(9) Claims Being Taken Seriously?
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Are Section 503(b)(9) Claims Being Taken Seriously?
By Kenneth A. Rosen, Partner & Michael Papandrea, Associate, Lowenstein Sandler LLP
As part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Congress amended how certain claims for the sale of goods would be treated in Chapter 11 cases by establishing a new category of administrative priority claim under Section 503(b)(9) of the U.S. Bankruptcy...
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Michael Papandrea is an associate in Lowenstein Sandler’s Bankruptcy, Financial Reorganization & Creditors’ Rights Department. Before joining the firm, he served as a judicial law clerk to Bankruptcy Judges Jerrold N. Poslusny Jr. of the District of New Jersey, Ashely M. Chan of the Eastern District of Pennsylvania, and Gloria M. Burns of the District of New Jersey. Papandrea is also a recipient of the American Bankruptcy Institute’s Medal of Excellence.
Kenneth A. Rosen is a partner and chair of Lowenstein Sandler’s Bankruptcy, Financial Reorganization & Creditors’ Rights Department. He advises on the full spectrum of restructuring solutions, including Chapter 11 reorganizations, out-of-court workouts, financial restructurings, and litigation. Rosen works closely with debtors, creditors’ committees, lenders, landlords, and others in such diverse industries as paper and printing, food, furniture, pharmaceuticals, healthcare, and real estate. He serves on several philanthropic and nonprofit boards primarily devoted to healthcare and education.