InASM Capital, LP v. Ames Department Stores, Inc. (Ames Department Stores, Inc.), 582 F.3d 422 (2nd Cir. 2009), the Second Circuit Court of Appeals (the “Second Circuit”)
Second Circuit: 502(d) Does Not Apply to Administrative Claims
In <i>ASM Capital, LP v. Ames Department Stores, Inc.</i> the Second Circuit Court of Appeals (the "Second Circuit") held that ' 502(d) of the Bankruptcy Code, which disallows claims until the claimant has returned all voidable preferential payments and other voidable transfers from the debtor's estate, does not apply to disallow administrative claims under 503(b).
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