Case No. 01-60386-DOT, Procedurally ConsolidatedUnited States Bankruptcy Court, E.D. Virginia, Richmond Division.
April 22, 2003
DOUGLAS O. TICE, JR., Chief United States Bankruptcy Judge
THIS MATTER came on before the Court upon the Request For Allowance And Immediate Payment Of Postpetition Administrative Expense Claim (the “Request”) filed by Maryland and Virginia Milk Producers Cooperative Association, Inc. d/b/a Marva Maid Dairy (hereinafter, “Marva Maid”), requesting an award to Marva Maid of an administrative claim in the amount of $62,428.81 (the “Administrative Expense Claim”) representing the amount of the amount due and owing to Marva Maid from the Chapter 11 Trustee appointed in this case, relating to the purchase of products by the Debtors from Marva Maid during the period December 6, 2002 through January 25, 2003 (the “Administrative Period”) in the amount of $102,242.72 (the “Unpaid Balance”), less $39,840.80 which represents the amount due and owing to the estates for post-petition fuel purchases, marketing and related expenses incurred by the Debtors on behalf of Marva Maid (the “Marva Maid Payable), and authorizing Marva Maid to offset the Marva Maid Payable against the Unpaid Balance; and it
APPEARING TO THE COURT that the Products provided by Marva Maid to the Debtors during the Administrative Period were an actual, necessary cost and expense of preserving the Debtors’ bankruptcy estates; and that the Administrative Expense Claim asserted by Marva Maid in the Request is therefore entitled to administrative expense priority under the provisions of 11 U.S.C. § 503(b)(1)(A) and 507(a)(1); and it
FURTHER APPEARING TO THE COURT that proper notice of the Request has been provided by Marva Maid; it is therefore
ORDERED that the Request is GRANTED in part; that the Administrative Expense Claim asserted by Marva Maid is hereby allowed as an administrative expense priority claim under the provisions of 11 U.S.C. § 503(b)(1)(A) and 507(a)(1) in the amount of $62,401.92; and it is
FURTHER ORDERED that, absent agreement of Marva Maid and the Chapter 11 Trustee to a different schedule for payment, the Chapter 11 Trustee is directed to pay the allowed amount of the Administrative Expense Claim in conjunction with an administrative claim payment process to be submitted for approval by this Court, or in accordance with any plan of liquidation that is confirmed by this Court in these cases.