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In re A.C.E. Elevator Co., Inc.

United States Bankruptcy Court for the Southern District of New York

347 B.R. 473 (Bankr. S.D.N.Y. 2006)

Relevant factsFree

A.C.E. Elevator (debtor), under a collective-bargaining agreement, owed benefit plan contributions to the National Elevator Industry Benefit Plans calculated based on employee hours worked, but fell delinquent on those contributions before filing for bankruptcy; the Plans' trustees (plaintiffs) moved to compel payment of the delinquent contributions as administrative-priority expenses under the Bankruptcy Code.

IssueFree

Whether prepetition obligations, such as benefit plan contributions calculated on hours worked before a bankruptcy filing, are entitled to administrative priority under the Bankruptcy Code.

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