March 2010
Second Circuit: 502(d) Does Not Apply to Administrative ClaimsBy Marion M. Quirk
In ASM Capital, LP v. Ames Department Stores, Inc. the Second Circuit Court of Appeals (the "Second Circuit") held that § 502(d) of the Bankruptcy Code, which disallows claims until the claimant has returned all voidable preferential payments and other voidable transfers from the debtor's estate, does not apply to disallow administrative claims under 503(b).
Subscribers: click here for the full story
Non-Subscribers: click here to subscribe
Pay per view ($20.00)
