Double-Dipping in Delaware: Friedman's, Quantum Foods and Beyond

• Published in: American Bankruptcy Institute journal Vol. 35; no. 10; p. 34
• Main Author: Fischer, Jeremy R
• Format: Journal Article
• Language: English
• Published: Alexandria American Bankruptcy Institute 01.10.2016
• Subjects: Administrative expenses; Bankruptcy; Bankruptcy laws; Bankruptcy reorganization; Committees; Credit management; Creditors; Defense; Federal court decisions; Federal courts; Food; Legal defense; Liability; Petitions; Refunds; State court decisions; United States > US; Delaware

Based on these facts, litigants may attempt to distinguish both cases as inapposite. [...]from a policy perspective, they may argue that allowing preference defendants the right to claim full new value while also retaining the right to be paid or invoke setoff for a § 503(b)(9) administrative expens...