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The Bankruptcy Strategist

April 2007

When Trade Vendor Priority Claims Get Paid

Bankruptcy Court Decides

By Francis J. Lawall and James C. Carignan

The U.S. Bankruptcy Court for the Eastern District of Pennsylvania recently issued one of the first decisions in the 3rd U.S. Circuit Court of Appeals to interpret § 503(b)(9), an important new Bankruptcy Code provision passed under the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA): In re Bookbinders’ Restaurant Inc. § 503(b)(9) is certain to impact the relationship between a debtor seeking to reorganize and the trade vendors that deal with it.

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