Circuit City Stores, Inc. 503(B)(9) Claims Deadline
On November 10, 2008, Circuit City Stores, Inc., along with seventeen (17) related companies (collectively, the “Debtors”), filed for protection under chapter 11 of the U.S Bankruptcy Code.
Pursuant to an Order of the Bankruptcy Court, the deadline for the filing of requests for the allowance of an administrative claim under section 503(b)(9) of the U.S. Bankruptcy Code is December 19, 2008 at 5:00 p.m. (pacific) (the “Claim Request”). Section 503(b)(9) provides that, after notice and a hearing, a creditor shall be entitled to an administrative expense claim (which must be paid in full before any unsecured prepetition claims are paid) in the amount of the value of any goods received by a debtor within twenty (20) days prior to the commencement of such debtor’s bankruptcy case. The goods in question must have been sold to the debtor in the ordinary course of such debtor’s business.
The Bankruptcy Court has approved a form of administrative claim request (the “Request Form”) which is available from the Debtors’ court-appointed claims’ agent, Kurtzman Carson Consultants LLC. A copy of the Request Form can also be obtained from Troutman Sanders by contacting Paul H. Deutch at 212-704-6323.
All Claim Requests must specify certain relevant information including, but not limited to, (i) the amount of the claim; (ii) shipment/delivery dates; (iii) the type of goods delivered to the Debtors; and (iv) the value of such goods. Claimants are also required to attach supporting documentation including, among other things, the invoices for which the section 503(b)(9) claim is being asserted.
For further information concerning these motions or other aspects of the Debtors’ chapter 11 cases, please contact the following members of our Bankruptcy Practice Group:
Hollace T. Cohen
212-704-6067
hollace.cohen@troutmansanders.com
Mitchel H. Perkiel
212-704-6016
mitchel.perkiel@troutmansanders.com
Paul H. Deutch
212-704-6323
paul.deutch@troutmansanders.com