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Administrative Expense Claims

Chapter 13 Discharges Post-Filing Condo Assessments in the Ninth Circuit

Circuit court bases its decision on the omission of Section 523(a)(16) from Section 1328(a).
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Courts Split on Paying Chapter 13 Debtor’s Counsel if Conversion Precedes Confirmation

Arizona judge declines to expand Harris v. Viegelahn to cases when conversion precedes confirmation.
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New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly

Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.
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Debtor’s Chapter 13 Counsel Properly Stiffed for End-of-Case Fees

Practice point: Be sure that a chapter 13 discharge excepts debtor’s unpaid counsel fees.
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Contract Wages for Executives Are Not Presumptively Allowable Postpetition, BAP Says

An executive with a rejected contract must prove value to have an allowable administrative claim, 9th Circuit BAP says.
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Prefiling Expenses Can’t Be Reimbursed in a Chapter 13 Plan in Western Louisiana

Debtor’s counsel can’t recover prefiling expenses in a ‘no money down’ bankruptcy in the W.D. La.

Leased but Unused Personal Property Qualifies for an Administrative Claim

Circuits are split on requiring use of leased equipment before allowing an administrative claim.

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