The Bankruptcy Court in Puerto Rico denied as a pre-petition administrative expense a claim by a utility service. The Court found that the utility is a service not a good. Therefore, the utility would only have an unsecured claim (which they never timely filed).
The Court gave a nice breakdown on case law and analyzed such cases. The Court even disagreed with a fellow judge in the same district which found that a utility service.
Not that this issues comes up often, but it certainly was a nice analysis of case law.
In re PMC Marketing Corp
--- B.R. ----, 2013 WL
4735736
Bkrtcy.D.Puerto
Rico,2013.
September 04, 2013 (Approx.
4 pages)
(currently unpublished)
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