(Bankr. W.D. Ky. Nov. 16, 2015)
The bankruptcy court denies the creditor’s motion to treat a post-petition claim as an administrative claim. The creditor had leased trailers to the debtor prepetition, and the debtor returned all but a few of the trailers to the creditor. The few trailers that were not returned apparently were stolen and not in the debtor’s possession post-petition. The creditor moved to allow the claim for post-petition lease payments for the missing trailers as an administrative expense claim. The court finds that there was no benefit to the estate for the post-petition lease of the trailers and all of the subject leases were entered into prepetition. Thus, it was inappropriate to treat the claim as an administrative claim. Opinion below.
Author: Matt Lindblom