Bankruptcy Preference Creditor's Digest » bankruptcy creditor rights

Grede Foundries – Debtor Onslaught to Disallow Supplier 503(b)(9) Administrative Expenses

burbageweddell — Sun, 29 Nov 2009 23:52:37 +0000

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

burbageweddell — Tue, 25 Aug 2009 18:35:15 +0000

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

burbageweddell — Mon, 03 Aug 2009 18:55:05 +0000

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, »»

Stant Bankruptcy 363 Sale; Have and Have Not Suppliers

burbageweddell — Thu, 30 Jul 2009 16:48:23 +0000

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 »»

Critical Vendor Motion in Arclin Bankruptcy Raises Questions for 503(b)(9) Claimants

burbageweddell — Tue, 28 Jul 2009 20:44:08 +0000

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 »»

PACA, PASA Issues Complicate Bashas First-Day Motions

burbageweddell — Fri, 17 Jul 2009 13:34:47 +0000

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 »»

How Did Lear Decide Which Suppliers are its Critical Vendors

burbageweddell — Wed, 08 Jul 2009 06:55:57 +0000

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 »»

DDJ Capital Derails Grede Foundries and Wayzatas Fast Track 363 Sale Strategy

burbageweddell — Fri, 03 Jul 2009 14:56:45 +0000

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” »»

GM Bankruptcy – Cure Costs Procedures Catastrophic Failures

burbageweddell — Thu, 18 Jun 2009 19:34:26 +0000

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

burbageweddell — Thu, 18 Jun 2009 20:22:49 +0000

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 »»