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Legal Definitions - administrative expenses
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Definition of administrative expenses
Administrative expenses are costs and expenses that arise after a company files for bankruptcy and are necessary to preserve the company's assets. These expenses have the highest priority among creditor claims in bankruptcy.
For a claim to be considered an administrative expense, it must meet two criteria:
- The expense must have arisen from a post-petition transaction between the creditor and the debtor.
- The expense must have been "actual and necessary" to preserve the estate.
Examples of administrative expenses include:
- Wages, salaries, or commissions for services rendered after the commencement of a bankruptcy case
- Utilities expenses
- Taxes incurred by the estate, except taxes of a kind specified in §507(a)(8)
- Compensation and reimbursement awarded to officers of the bankruptcy case, such as trustees, examiners, and professionals
- Actual, necessary expenses incurred by a creditor in filing an involuntary petition under §303
These examples illustrate how administrative expenses are necessary costs and expenses that arise after a company files for bankruptcy and are required to preserve the company's assets. They also show how administrative expenses have the highest priority among creditor claims in bankruptcy.
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Simple Definition
I feel like I'm in a constant state of 'motion to compel' more sleep.
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