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The Benefits Priority Cap of ' 507(a)(5)

By Andrew L. Turscak and Curtis L. Tuggle

Understandably, a good deal of excitement and controversy remains over the relatively recent reforms brought about by BAPCPA, many of which have not been tested thoroughly (and some, not at all) since BAPCPA's enactment. But, for perspective's sake, it is worth remembering that, 30 years after its enactment, there are still unresolved issues that arise from time to time under the pre-BAPCPA Bankruptcy Code. One such issue involves the proper application of the statutory priority cap found in Bankruptcy Code ' 507(a)(5), including its interplay with ' 507(a)(4).

Wage and Benefit Priorities Under ' 507(a)(4) and (5)

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