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Bankruptcy Court Gives Pre-Petition Antitrust Claims Administrative Priority Status

The Delaware District Bankruptcy Court ruled that claims arising from pre-petition antitrust cases filed against the debtor could constitute post-petition claims entitled to administrative priority status. The court held that the public policy that favors a "fresh start" for debtors would not preclude damages from post-petition sales of products in violation of federal antitrust laws from receiving administrative expense priority.

9 minute read February 01, 2022 at 12:07 AM
By
Andrew C. Kassner and Joseph N. Argentina Jr.
Bankruptcy Court Gives Pre-Petition Antitrust Claims Administrative Priority Status

As we ring in the New Year, we hope for a "fresh start" out of the pandemic, but recognize that challenges remain, including the latest variant. In the restructuring bar, we see new approaches being attempted to address old problems.

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