Laserfiche WebLink
Case 1:20-bk-12043 Doc 628 Filed 03/02/21 Entered 03/02/21 11:09:01 Desc Main <br />Document Page 6 of 10 <br />13-14; Order, ¶ 26; Notice, p. 2.] As the holder of an administrative claim, Caterpillar files this <br />Application to assert that its Administrative Claim should be "Allowed" and paid as an <br />"Administrative Claim" under the terms of the Plan. Under paragraph 26 of the Confirmation <br />Order, "[i]f no objections are timely filed to any application for an Administrative Claim, the <br />Bankruptcy Court may approve such applications without a hearing." <br />16. Each of the Proofs of Claim and the documents attached thereto support the <br />foregoing statements. The Declaration of Brett Parks, Senior Corporate Counsel; Legal Services <br />Division, attached hereto as Exhibit A also supports the foregoing statements, and it is incorporated <br />by reference as though fully set forth herein. True and accurate copies of invoices supporting the <br />Administrative Claim are being filed as attachments to that Declaration. <br />REQUESTED RELIEF <br />I. Caterpillar's Administrative Claim Should be Allowed as an Administrative Claim <br />under the Plan. <br />Article I of the Plan defines "Administrative Claim" as: <br />a Claim for costs and expenses of administration of these Chapter 11 Cases allowed <br />under sections 503(b), 507(b) or, if applicable, 1114(e)(2) of the Bankruptcy Code, <br />including but not limited to: (a) any actual and necessary costs and expenses <br />incurred between the Petition Date and Confirmation Date of preserving the <br />Debtors' estates and operating the businesses of the Debtors (including, but not <br />limited to, ... and payments for ... leased equipment ... ) .... <br />[Plan, p. 2 (emphasis added).] That definition tracks the language of Section 503(b)(1)(A) of the <br />Bankruptcy Code, which provides that, "[a]fter notice and a hearing, there shall be allowed <br />administrative expenses, . . . including(1)(A) the actual, necessary costs and expenses of <br />preserving the estate ...." 11 U.S.C. § 503(b)(1)(A). Administrative expenses falling within <br />§ 503(b) are entitled to priority under § 507(a)(2), which grants such expenses second -priority <br />claim status, behind only certain domestic support obligations and certain trustee expenses. <br />0 <br />