Richards Layton & Finger
 

Section 546(c) and Reclamation Rights after BAPCPA: A Response to Wilson and LeHane

April 2007

The Delaware Bankruptcy Court may have the occasion to consider additional reclamation-related issues in the AMS case. The court recently approved the debtors' request for certain uniform procedures for its consideration of all reclamation claims, pursuant to which the debtors are required to file a written report with the court proposing specific treatment for each reclamation and related administrative expense claim. If any reclaiming creditors object to the debtors' proposed treatment of their claims in the report, the court might be required to again discuss Section 546(c) and its contours to resolve those objections.