IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION In re: Case No. 15-51336 A&B VALVE AND PIPING SYSTEMS, LLC, et al., Chapter 11 Debtor MOTION FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM PURSUANT TO 11 U.S.C. 503(b)(9) AND 507(a)(2) COMES NOW, Weiler Pipe, LLC ( Weiler Pipe ), who files this Motion for Allowance and Payment of Administrative Expense Claim Pursuant to 11 U.S.C. 503(b)(9) and 507(a)(2): JURISDICTION 1. On October 16, 2015 (the Petition Date ), A&B Valve and Piping Systems, LLC ( A&B Valve ) filed a voluntary petition for relief under Chapter 11 of title 11 of the United States Code (the Bankruptcy Code ) in the United States Bankruptcy Court for the Western District of Louisiana Lafayette Division (the Court ). 2. This Court has jurisdiction over this motion pursuant to 28 U.S.C. 157 and 1334(b). This matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(A) and (B). Venue is proper in this District pursuant to 28 U.S.C. 1408 and 1409. BACKGROUND 3. Weiler Pipe is a steel pipe supplier to the oil refining and chemical industries. Weiler Pipe regularly sold pipe to A&B Valve prior to the Petition Date. 3402569.1 15-51336 - #273 File 12/28/15 Enter 12/28/15 15:17:57 Main Document Pg 1 of 3
4. In the 20 days preceding the Petition Date, A&B Valve received pipe that Weiler Pipe sold on open account to A&B Valve in the ordinary course of A&B Valve s business. A&B Valve purchased 251 feet of black carbon steel pipe that was 10.75 inches in outside diameter, with a.5 inch thick wall from Weiler Pipe. A&B Valve picked up the pipe on October 7, 2015. The pipe had an aggregate value of $8,830.49 as identified on the invoices and proofs of delivery attached hereto as Exhibit A. 5. As of the date of this motion, Weiler Pipe has not received payment for the pipe. RELIEF REQUESTED 6. Weiler Pipe respectfully requests that this Court allow Weiler Pipe s administrative expense claim in the amount of $8,830.49 for the pipe pursuant to 503(b)(9) and that the claim is recognized as being entitled to priority distribution under Bankruptcy Code 507(a)(2) of the Bankruptcy Code. BASIS FOR RELIEF 7. Section 503(b)(9) of the Bankruptcy Code provides, in pertinent part, that: After notice and a hearing, there shall be allowed, administrative expenses... [for] the value of any goods received by the debtor within 20 days before the date of commencement of a case under this title in which the goods have been sold to the debtor in the ordinary course of such debtor s business. 11 U.S.C. 503(b)(9). 8. As evidenced by the invoices and proofs of delivery attached hereto as Exhibit A, during the 20 days preceding the Petition Date, A&B Valve received from Weiler Pipe the pipe, which is valued at $8,830.49. Weiler Pipe sold the pipe to A&B Valve on open account in the ordinary course of A&B Valve s business, and Weiler Pipe has not yet received payment for the pipe. 3402569.1 15-51336 - #273 File 12/28/15 Enter 12/28/15 15:17:57 Main Document Pg 2 of 3
9. Weiler Pipe is accordingly entitled to an allowed administrative expense claim against the bankruptcy estate of A&B Valve in the amount of $8,830.49 and such claim is entitled to priority payment and distribution under Bankruptcy Code 507 (a)(2). 10. Weiler Pipe requests that the Court direct A&B Valve to pay to Weiler Pipe on account of its administrative claim, as other administrative similarly situated claims are paid and/or treated. WHEREFORE, Weiler Pipe, LLC respectfully requests that the Court enter an order: (i) allowing Weiler Pipe s administrative expense claim in the amount of $8,830.49 pursuant to 503(b)(9) of the Bankruptcy Code recognizing that such claim is entitled to priority distribution under Bankruptcy Code 507 (a)(2); and (ii) granting such other and further relief as may be just and proper under the circumstances. RESPECTFULLY SUBMITTED, ONEBANE LAW FIRM A Professional Corporation /s/ CRAIG A. RYAN CRAIG A. RYAN, #20354 1200 Camellia Blvd., Suite 300 Lafayette, Louisiana 70508 (337) 237-2660 ryanc@onebane.com Attorneys for WEILER PIPE, LLC 3402569.1 15-51336 - #273 File 12/28/15 Enter 12/28/15 15:17:57 Main Document Pg 3 of 3
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