· 9/18/2009
ASM Capital, LP v. Ames Department Stores, Inc. (In Re Ames Department Stores, Inc.)
Citations
- 582 F.3d 422
- 85 A.L.R. Fed. 2d 703
- 2009 U.S. App. LEXIS 20764
- 52 Bankr. Ct. Dec. (CRR) 23
- 2009 WL 2972510
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- \Statutory interpretation always begins with the plain language of the statute ....\ (internal quotation marks omitted)
- “[T]he mandatory terms in which section 503(b) is drafted, requiring courts to allow requests for administrative expenses, suggest a conflict with section 502(d)’s equally mandatory disallowance of claims.”
- “Statutory interpretation always begins with the plain 21 language of the statute . . . .” (internal quotation marks omitted)
- “[SJection 502(d), like sections 502(a) and (b), ordinarily applies only to prepetition claims.”
- “[M] ore importantly, the Bankruptcy Code gives a higher priority to requests for administrative expenses than to prepetition claims in order to encourage third parties to supply goods and services on credit to the estate, to the benefit of all of the estate’s creditors.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Martin J. Bienenstock (Michele J. Meises
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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