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Barry M. Klayman and Mark E. Felger

In In re SRC Liquidation, Case No. 15-10541 (BLS) (Del. Bankr. July 13), U.S. Bankruptcy Judge Brendan Shannon of the District of Delaware held that in order for a creditor who supplies goods to a debtor within 20 days before the bankruptcy petition is filed to recover the value of the goods as a priority administrative expense under Section 503(b)(9) of the Bankruptcy Code, the debtor must have had physical possession of the goods and not merely constructive receipt. Accordingly, where goods were delivered directly to the debtor’s customers, even though at the debtor’s direction and utilizing the debtor’s account with the shipper, the goods will not qualify for administrative priority treatment. The decision has significance for a creditor that sells goods to a debtor soon before the debtor files a bankruptcy petition.

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