Administrative Claims in Bankruptcy: Standards for Allowance, Amount, Disgorgement, Limitations, and Bootstrapping
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will review the allowance of administrative expense claims, which have priority over all other unsecured claims and must be paid in full before other lower-priority claims are paid. The panel will discuss what expenses may or may not qualify, and in what amounts, how creditors can slip approval of administrative expense priority into first-day and other orders, whether the administrative claim is subject to further limitation or disgorgement, and related matters. The panel will offer strategies useful to creditor counsel and indenture trustees to plan accordingly and strategies for other stakeholders who may wish to prevent the allowance of administrative claims that do not meet the appropriate standards.
- Bankruptcy priority scheme overview
- Mechanics of requesting administrative priority
- Bankruptcy Code Section 503(b)
- Who may seek administrative expense priority
- Standards for allowance
- Amount of the claim
- Trumping administrative priority
- Effect of pendency of avoidance action
- Allowance via 363(b), 365, first day orders
- Applicability of equitable subordination
- Applicability in structured dismissals
- Sub V payment of administration expense
- Conversion and reconversion
- Applicability in Chapter 7
- Strategies for obtaining or challenging requests for administrative claim status
The panel will review pivotal issues about administrative expense claims, such as:
- What is a substantial contribution, and is it always required to achieve administrative priority?
- May a bankruptcy court authorize a debtor to pay creditors' fees and expenses under Section 363(b) or 365?
- What happens if the case is converted to Chapter 7?
- Does the same standard for allowance apply to claims in Section 503(b)(3)(A) through (F) and 503(b)(4)?
Stephen B. Selbst
Mr. Selbst has more than 30 years of experience representing debtors, creditors, official committees, distressed... | Read More
Mr. Selbst has more than 30 years of experience representing debtors, creditors, official committees, distressed investors and asset purchasers in bankruptcies and out-of-court restructurings. He is a frequent lecturer on bankruptcy and restructuring topics and has published articles and book chapters on bankruptcy-related topics. He has been frequently quoted in newspaper articles on insolvency related topics and has appeared on CNBC.Close
Steven B. Smith
Mr. Smith focuses his practice on complex corporate restructuring and creditors' rights, including in court Chapter... | Read More
Mr. Smith focuses his practice on complex corporate restructuring and creditors' rights, including in court Chapter 11 cases and out-of-court workouts. He represents official and ad-hoc creditor committees, secured lenders, administrative agents, and other parties-in-interest in restructuring matters. He is experienced in analysis of true sale, non-consolidation and bankruptcy remoteness principles.Close
Early Discount (through 10/08/21)
Cannot Attend November 3?
Early Discount (through 10/08/21)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.