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GENERAL50192
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Last modified
8/24/2016 8:32:53 PM
Creation date
11/23/2007 5:45:41 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Date
5/9/1991
Doc Name
MEMORANDUM IN SUPPORT OF DEBTORS MOTION FOR AN ORDER DETERMINING CERTAIN RECLAMATION CLAIMS AND GRAN
Media Type
D
Archive
No
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Num Pcs On Invoice on D.O.C.: (Number of Pieces on <br />Invoice on the Date of Claim). Indicates the <br />units/pieces of goods received by CFbI Steel with <br />respect to any particular invoice. <br />Price nor Unit: Indicates the sales price on a per <br />unit basis with respect to goods received by CFS:I <br />Steel. <br />Apolication of P.P.U. to Claim: (Application of Price <br />Per Unit to Claim). This is a dollar amount dex•ivecl by <br />multiplying the figure in the number of pieces an hand <br />on date of claim column by the price per unit column; <br />this figure equals the figure appearing in the Court: <br />Approval column and is the amount of any particular <br />vendors Valid Reclamation Claim with respect to gooEls <br />received by CF&I Steel in connection with specific <br />invoices. <br />The information included in Exhibit Al is an expansion o!° <br />the infonration included in Exhibit A; there are no additiona]. <br />Valid Reclamation Claims set forth therein. <br />II. <br />The Bankruptcy Code, at Section 546(c)(2), provides an <br />alternative to the reclamation of goods if such rights exist. <br />The court may order, in lieu of reclamation, a priority claim <br />under section 503(b) of the Bankruptcy Code. <br />Case law reveals that courts often opt for this alternative <br />remedy where the debtor has disposed of the goods after demand <br />for reclamation was made or where the goods are necessary to the <br />operation of the debtor's business. In re Wheeling-Pittsburgh <br />Steel Coru_ 74 Bankr. 656 (Bankr. W.D. Pa. 1987) (seller of coal <br />was entitled to administrative claim where coal subject to <br />reclamation in hands of bankruptcy debtor was subsequently used <br />in debtor': operations); In re Video Rina of Illinois, Inc., 100 <br />16 <br />
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