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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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<br />Steel or, in the alternative, to an administrative claim or a <br />lien. ee 11 U.S.C. § 546(c). Because CF&I Steel has used the <br />reclamation goods or because such goods are necessary to CF&I's <br />operations, it is appropriate in this case for the Court to award <br />valid reclamation claims administrative priority status under 11 <br />U.S.C. § 503(b). <br />The alternative to this Motion might be litigation, either <br />pursuant to an adversary proceeding or a contested matter, with <br />every reclamation claimant including those claimants which CF&I <br />Steel believes hold valid reclamation claims. Accordingly, CF&I <br />Steel believes that the Motion will save its estate expensive and <br />unproductive litigation. <br />FACTS <br />1. Within the 10 days prior to commencing its <br />chapter 11 zeorganization case, CFSI Steel continued to purchase <br />goods necessary for the continuation of its business. <br />2. Certain persons have made written demands for <br />reclamation of goods they sold to CF&I Steel (the "Reclamation <br />Claimants"). <br />3. CF&Z Steel has analyzed the reclamation demands of <br />the Reclamation Claimants according to the legal and factual <br />criteria set forth below governing reclamation of goods in <br />bankruptcy eases to determine vhich of the reclamation demands <br />are valid and are allowable claims against its estate. <br />4. Using the criteria explained below, CF&I has <br />determined that certain of the Reclamation Claimants have rights <br />3 <br />
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