Burbage Weddell LLC law articles about bankruptcy creditor rights
Debtor Onslaught to Disallow Supplier 503(b)(9) Administrative Expenses
Bankrupt retailer and manufacturer attacks on allowance of administrative expenses under Section 503(b)(9) of the Bankruptcy Code are increasing in frequency, breadth and ingenuity. One recent case »»
Bashas Lesson – PACA Trust Beneficiaries Require Bankruptcy Advocacy
The Perishable Agricultural Commodities Act (“PACA”) provides federal statutory protection to vendors of fresh fruits and vegetables as the commodities pass through the “foodservice chain” from growers, »»
Cooper-Standard Automotive Combo 503(b)(9) Claims, Essential Supplier and Foreign Vendor Motion
Cooper-Standard Holdings Inc. and its affiliated debtors (“Cooper-Standard Automotive” or the “Debtors”) have combined into one motion a request to allow payment of 503(b)(9) administrative expense claims, »»
How Did Lear Decide Which Suppliers are its Critical Vendors
Lear Corporation and co-debtor subsidiaries (“Lear”) have estimated that they collectively have 1,600 vendors with outstanding prepetition claims. Lear has identified 214 of these vendors as “critical »»
Sample Motion for Allowance of Administrative Expense Claim Pursuant to 11 U.S.C. Section 503(b)(9)
We have included a simple sample of Motion for Allowance of Administrative Expense Claim Pursuant to 11 U.S.C. Section 503(b)(9). You can access this sample by »»
Critical Vendor Motion in Arclin Bankruptcy Raises Questions for 503(b)(9) Claimants
The first day motion of Arclin US Holdings Inc. and its 6 co-debtor affiliates (“Arclin”) to pay “critical vendors” illustrates how dramatically the “critical vendor” concept can »»
GM Bankruptcy – Cure Costs Procedures Catastrophic Failures
Automotive suppliers can only hope that GM will make better cars than they do cure cost procedures. Based on the cure cost objections (“Cure Cost Objections”) »»
GM Bankruptcy – Selective Cure List and Substantive Objections
There were approximately 479 objections filed by the June 15, 2009 deadline by suppliers and other trade creditors to GM’s proposed cure costs (click link to see »»
GM Bankruptcy – For Suppliers Chrysler Bankruptcy Lesson 1
(Update: Since the original post date we have added two additional posts on the GM Cure Cost Procedure and the Supplier Objections that were filed to »»
Chrysler LLC Bankruptcy – Supplier Contract Cure Costs Horrors
A scanning of the “Cure Costs” objections shows a brewing mess that might hamper (depending on how the various objections are handled by the judge) the planned »»
PACA, PASA Issues Complicate Bashas First-Day Motions
The Perishable Agricultural Commodities Act (“PACA”) and its sister statute “Packers and Stockyards Act (“PASA”) provide federal statutory lien protection to vendors of fresh foods and bulk »»
Visteon Bankruptcy – First Day Motions
Visteon Corp. has filed 13 first day motions and the Affidavit of Willaim G. Quigley, III, Chief Financial Officer in Support. The motions include one critical vendor »»
Chrysler LLC Bankruptcy – 21 First Day Motions
Chrysler LLC has filed 21 first day motions and the Affidavit of Ronald E. Kolka in Support. The motions include one critical vendor motion to authorize payment »»
Six Flags Bankruptcy – First Day Motions Docket and Affidavit
The Six Flags Agenda for First Day Hearing looks straight forward enough. The first day motions reveal nothing startling. But when you read the Affidavit »»
Grede Foundries – First Day Bankruptcy Motions Offer Suppliers No Relief
Grede Foundries has filed 10 first day motions (3 procedural and 7 substantive). The 7 substantive motions are listed below. The one of special interest is item »»
DDJ Capital Derails Grede Foundries and Wayzatas Fast Track 363 Sale Strategy
DDJ Capital Management, LLC (“DDJ”) has thrown its money in front of the Grede Foundries fast track, 363 sale bankruptcy strategy. Grede Foundries planned a “fast-paced” »»
Bashas’ Makes Good on Announced Plans to Shutter Fifteen Stores; What Does this Mean to Suppliers?
Prior to filing its bankruptcy reorganization proceedings on July 12, 2009, Bashas’ announced its intention to close unprofitable stores. Bashas’ now has followed through and requested bankruptcy »»
Bashas’ and its Secured Lenders Find Something they Agree on: We Need An Accountant!
During the three weeks following the date of its bankruptcy, Bashas’ has locked horns with its secured lender group (a consortium including Compass Bank, Wells Fargo and »»
Stant Bankruptcy 363 Sale; Have and Have Not Suppliers
The Stant bankruptcy is structured as a 363 Sale to an affiliate of an insider (i.e. a current equity holder). For suppliers this will be a case »»
