In a positive decision for trade vendors and non-debtor suppliers, the Eleventh Circuit, in Auriga Polymers Inc. v. PMCM2, LLC, held that a Section 503(b)(9) post-petition priority payment received by a creditor for goods received during the 20 day period before the petition date did not diminish its subsequent new value preference defense. 40
Administrative Claim
Bayou Steel Bankruptcy Update: Administrative Claims Bar Date Set
By Carl D. Neff on
In October 2019, Bayou Steel BD Holdings, LLC, and its affiliated debtors (“Bayou Steel” or “Debtors”) filed for bankruptcy before the District of Delaware. By way of background, the company sought protection from creditors after a “severe lack in liquidity” led to a default on its senior secured debt. Bayou, which produces steel products like…
Administrative Claim Regarding Mineral Rights Denied by Delaware Bankruptcy Court
By Carl D. Neff on
In the recent decision of In re MTE Holdings, LLC, et al., Case No. 19-12269 (CSS) (Del. Bankr. June 8, 2020), the Delaware Bankruptcy Court determined whether a landowner that leases mineral rights to a debtor is entitled to an administrative claim against the debtor for accessing its land and installing a tank battery. …