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Bankruptcy Code, International Trade Treaty Collide over Expense Status

By Michael J. Abatemarco and Anthony Michael Sabino

Global commerce makes the world a smaller place every day. It is therefore inevitable that the Bankruptcy Code will sometimes intersect with international trade law, as it has done for decades with domestic commercial law. Those three domains recently came together in the context of a creditor's Section 503(b)(9) administrative expense claim, and a federal district court was called upon to sort out which body of law took precedence.

While agreeing with the court's final ruling, we question its mode of analysis, and in this article, we suggest what we believe to be a better methodology. Indeed, this might prove significant, since the matter is already on appeal.

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