Motion for Allowance and Payment of Section 503(b)(9) Claim

Summary

This template is a basic motion for allowance and payment of an administrative expense claim pursuant to Section 503(b)(9). This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. Section 503(b)(9) grants administrative priority status to claims for the value of goods received by the debtor in the ordinary course of business within 20 days of the bankruptcy filing. While the Bankruptcy Code does not define goods, the term has generally been found to include items that the creditor had title to and transferred (both the items and title to) the debtor—thus, Section 503(b)(9) deals with goods sold but not leased. Under Section 503(b)(9), multiple shipments of goods under the same agreements can be treated differently depending on when the goods arrived. For instance, if delivery of goods is made to the debtor under one agreement on two different dates, the first arrives 19 days pre-petition and the second arrives five days post-petition, only ...