11 U.S.C. § 503 — Allowance of administrative expenses

Page 109 TITLE 11—BANKRUPTCY § 503 1984—Subsec. (a). Pub. L. 98–353, § 445(a), inserted ‘‘general’’ before ‘‘partner’’. Subsec. (b). Pub. L. 98–353, § 445(b)(1), (2), in provisions preceding par. (1), inserted ‘‘(e)(2),’’ after ‘‘subsections’’ and ‘‘in lawful currency of the United States’’ after ‘‘claim’’. Subsec. (b)(1). Pub. L. 98–353, § 445(b)(3), substituted ‘‘and’’ for ‘‘, and unenforceable against’’. Subsec. (b)(3). Pub. L. 98–353, § 445(b)(5), inserted ‘‘the’’ after ‘‘exceeds’’. Pub. L. 98–353, § 445(b)(4), struck out par. (3) ‘‘such claim may be offset under section 553 of this title against a debt owing to the debtor;’’, and redesignated par. (4) as (3). Subsec. (b)(4). Pub. L. 98–353, § 445(b)(4), redesignated par. (5) as (4). Former par. (4) redesignated (3). Subsec. (b)(5). Pub. L. 98–353, § 445(b)(6), substituted ‘‘such claim’’ for ‘‘the claim’’ and struck out the comma after ‘‘petition’’. Pub. L. 98–353, § 445(b)(4), redesignated par. (6) as (5). Former par. (5) redesignated (4). Subsec. (b)(6). Pub. L. 98–353, § 445(b)(4), redesignated par. (7) as (6). Former par. (6) redesignated (5). Subsec. (b)(7). Pub. L. 98–353, § 445(b)(7)(A), inserted ‘‘the claim of an employee’’ before ‘‘for damages’’. Pub. L. 98–353, § 445(b)(4), redesignated par. (8) as (7). Former par. (7) redesignated (6). Subsec. (b)(7)(A)(i). Pub. L. 98–353, § 445(b)(7)(B), sub- stituted ‘‘or’’ for ‘‘and’’. Subsec. (b)(7)(B). Pub. L. 98–353, § 445(b)(7)(C), (D), sub- stituted ‘‘any’’ for ‘‘the’’ and inserted a comma after ‘‘such contract’’. Subsec. (b)(8), (9). Pub. L. 98–353, § 445(b)(4), redesig- nated par. (9) as (8). Former par. (8) redesignated (7). Subsec. (c)(1). Pub. L. 98–353, § 445(c)(1), inserted ‘‘the’’ before ‘‘fixing’’ and substituted ‘‘administration’’ for ‘‘closing’’. Subsec. (c)(2). Pub. L. 98–353, § 445(c)(2), inserted ‘‘right to payment arising from a’’ after ‘‘any’’ and struck out ‘‘if such breach gives rise to a right to pay- ment’’ after ‘‘breach of performance’’. Subsec. (e)(1). Pub. L. 98–353, § 445(d)(1), (2), in provi- sions preceding subpar. (A) substituted ‘‘, (b), and (c)’’ for ‘‘and (b)’’ and substituted ‘‘or has secured’’ for ‘‘, or has secured,’’. Subsec. (e)(1)(B). Pub. L. 98–353, § 445(d)(3), inserted ‘‘or disallowance’’ after ‘‘allowance’’. Subsec. (e)(1)(C). Pub. L. 98–353, § 445(d)(4), substituted ‘‘asserts a right of subrogation to the rights of such creditor’’ for ‘‘requests subrogation’’ and struck out ‘‘to the rights of such creditor’’ after ‘‘of this title’’. Subsec. (h). Pub. L. 98–353, § 445(e), substituted ‘‘522’’ for ‘‘522(i)’’. Subsec. (j). Pub. L. 98–353, § 445(f), amended subsec. (j) generally, inserting provisions relating to reconsider- ation of a disallowed claim, and provisions relating to reconsideration of a claim under this subsection. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by section 1001(d)(3)(B) of Pub. L. 116–260 effective on the date that is 1 year after Dec. 27, 2020, see section 1001(d)(3) of div. FF of Pub. L. 116–260, set out as a note under section 501 of this title. EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 257 of Pub. L. 99–554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see sec- tion 302(a), (c)(1) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure. Amendment by section 283 of Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title. § 503. Allowance of administrative expenses (a) An entity may timely file a request for payment of an administrative expense, or may tardily file such request if permitted by the court for cause. (b) After notice and a hearing, there shall be allowed administrative expenses, other than claims allowed under section 502(f) of this title, including— (1)(A) the actual, necessary costs and ex- penses of preserving the estate including— (i) wages, salaries, and commissions for services rendered after the commencement of the case; and (ii) wages and benefits awarded pursuant to a judicial proceeding or a proceeding of the National Labor Relations Board as back pay attributable to any period of time occur- ring after commencement of the case under this title, as a result of a violation of Fed- eral or State law by the debtor, without re- gard to the time of the occurrence of unlaw- ful conduct on which such award is based or to whether any services were rendered, if the court determines that payment of wages and benefits by reason of the operation of this clause will not substantially increase the probability of layoff or termination of cur- rent employees, or of nonpayment of domes- tic support obligations, during the case under this title; (B) any tax— (i) incurred by the estate, whether secured or unsecured, including property taxes for which liability is in rem, in personam, or both, except a tax of a kind specified in sec- tion 507(a)(8) of this title; or (ii) attributable to an excessive allowance of a tentative carryback adjustment that the estate received, whether the taxable year to which such adjustment relates ended before or after the commencement of the case; (C) any fine, penalty, or reduction in credit relating to a tax of a kind specified in sub- paragraph (B) of this paragraph; and (D) notwithstanding the requirements of subsection (a), a governmental unit shall not be required to file a request for the payment of an expense described in subparagraph (B) or (C), as a condition of its being an allowed ad- ministrative expense; (2) compensation and reimbursement award- ed under section 330(a) of this title; Page 110 TITLE 11—BANKRUPTCY § 503 (3) the actual, necessary expenses, other than compensation and reimbursement speci- fied in paragraph (4) of this subsection, in- curred by— (A) a creditor that files a petition under section 303 of this title; (B) a creditor that recovers, after the court’s approval, for the benefit of the estate any property transferred or concealed by the debtor; (C) a creditor in connection with the pros- ecution of a criminal offense relating to the case or to the business or property of the debtor; (D) a creditor, an indenture trustee, an eq- uity security holder, or a committee rep- resenting creditors or equity security hold- ers other than a committee appointed under section 1102 of this title, in making a sub- stantial contribution in a case under chapter 9 or 11 of this title; (E) a custodian superseded under section 543 of this title, and compensation for the services of such custodian; or (F) a member of a committee appointed under section 1102 of this title, if such ex- penses are incurred in the performance of the duties of such committee; (4) reasonable compensation for professional services rendered by an attorney or an ac- countant of an entity whose expense is allow- able under subparagraph (A), (B), (C), (D), or (E) of paragraph (3) of this subsection, based on the time, the nature, the extent, and the value of such services, and the cost of com- parable services other than in a case under this title, and reimbursement for actual, nec- essary expenses incurred by such attorney or accountant; (5) reasonable compensation for services ren- dered by an indenture trustee in making a sub- stantial contribution in a case under chapter 9 or 11 of this title, based on the time, the na- ture, the extent, and the value of such serv- ices, and the cost of comparable services other than in a case under this title; (6) the fees and mileage payable under chap- ter 119 of title 28; (7) with respect to a nonresidential real property lease previously assumed under sec- tion 365, and subsequently rejected, a sum equal to all monetary obligations due, exclud- ing those arising from or relating to a failure to operate or a penalty provision, for the pe- riod of 2 years following the later of the rejec- tion date or the date of actual turnover of the premises, without reduction or setoff for any reason whatsoever except for sums actually received or to be received from an entity other than the debtor, and the claim for remaining sums due for the balance of the term of the lease shall be a claim under section 502(b)(6); (8) the actual, necessary costs and expenses of closing a health care business incurred by a trustee or by a Federal agency (as defined in section 551(1) of title 5) or a department or agency of a State or political subdivision thereof, including any cost or expense in- curred— (A) in disposing of patient records in ac- cordance with section 351; or (B) in connection with transferring pa- tients from the health care business that is in the process of being closed to another health care business; and (9) the value of any goods received by the debtor within 20 days before the date of com- mencement 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. (c) Notwithstanding subsection (b), there shall neither be allowed, nor paid— (1) a transfer made to, or an obligation in- curred for the benefit of, an insider of the debtor for the purpose of inducing such person to remain with the debtor’s business, absent a finding by the court based on evidence in the record that— (A) the transfer or obligation is essential to retention of the person because the indi- vidual has a bona fide job offer from another business at the same or greater rate of com- pensation; (B) the services provided by the person are essential to the survival of the business; and (C) either— (i) the amount of the transfer made to, or obligation incurred for the benefit of, the person is not greater than an amount equal to 10 times the amount of the mean transfer or obligation of a similar kind given to nonmanagement employees for any purpose during the calendar year in which the transfer is made or the obliga- tion is incurred; or (ii) if no such similar transfers were made to, or obligations were incurred for the benefit of, such nonmanagement em- ployees during such calendar year, the amount of the transfer or obligation is not greater than an amount equal to 25 per- cent of the amount of any similar transfer or obligation made to or incurred for the benefit of such insider for any purpose dur- ing the calendar year before the year in which such transfer is made or obligation is incurred; (2) a severance payment to an insider of the debtor, unless— (A) the payment is part of a program that is generally applicable to all full-time em- ployees; and (B) the amount of the payment is not greater than 10 times the amount of the mean severance pay given to nonmanage- ment employees during the calendar year in which the payment is made; or (3) other transfers or obligations that are outside the ordinary course of business and not justified by the facts and circumstances of the case, including transfers made to, or obli- gations incurred for the benefit of, officers, managers, or consultants hired after the date of the filing of the petition. (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2581; Pub. L. 98–353, title III, § 446, July 10, 1984, 98 Stat. 374; Pub. L. 99–554, title II, § 283(g), Oct. 27, 1986, 100 Stat. 3117; Pub. L. 103–394, title I, § 110, title II, § 213(c), title III, § 304(h)(2), Oct. 22, 1994, 108 Stat. 4113, 4126, 4134; Pub. L. 109–8, title III, §§ 329, 331, Page 111 TITLE 11—BANKRUPTCY § 503 title IV, § 445, title VII, § 712(b), (c), title XI, § 1103, title XII, §§ 1208, 1227(b), Apr. 20, 2005, 119 Stat. 101, 102, 117, 128, 190, 194, 200; Pub. L. 116–260, div. N, title III, § 320(b), (f)(2)(A)(ii), Dec. 27, 2020, 134 Stat. 2015, 2016.) HISTORICAL AND REVISION NOTES LEGISLATIVE STATEMENTS Section 503(a) of the House amendment represents a compromise between similar provisions in the House bill and the Senate amendment by leaving to the Rules of Bankruptcy Procedure the determination of the lo- cation at which a request for payment of an adminis- trative expense may be filed. The preamble to section 503(b) of the House bill makes a similar change with re- spect to the allowance of administrative expenses. Section 503(b)(1) adopts the approach taken in the House bill as modified by some provisions contained in the Senate amendment. The preamble to section 503(b) makes clear that none of the paragraphs of section 503(b) apply to claims or expenses of the kind specified in section 502(f) that arise in the ordinary course of the debtor’s business or financial affairs and that arise dur- ing the gap between the commencement of an involun- tary case and the appointment of a trustee or the order for relief, whichever first occurs. The remainder of sec- tion 503(b) represents a compromise between H.R. 8200 as passed by the House and the Senate amendments. Section 503(b)(3)(E) codifies present law in cases such as Randolph v. Scruggs, 190 U.S. 533, which accords admin- istrative expense status to services rendered by a prepetition custodian or other party to the extent such services actually benefit the estate. Section 503(b)(4) of the House amendment conforms to the provision con- tained in H.R. 8200 as passed by the House and deletes language contained in the Senate amendment pro- viding a different standard of compensation under sec- tion 330 of that amendment. SENATE REPORT NO. 95–989 Subsection (a) of this section permits administrative expense claimants to file with the court a request for payment of an administrative expense. The Rules of Bankruptcy Procedure will specify the time, the form, and the method of such a filing. Subsection (b) specifies the kinds of administrative expenses that are allowable in a case under the bank- ruptcy code. The subsection is derived mainly from sec- tion 64a(1) of the Bankruptcy Act [section 104(a)(1) of former title 11], with some changes. The actual, nec- essary costs and expenses of preserving the estate, in- cluding wages, salaries, or commissions for services rendered after the order for relief, and any taxes on, measured by, or withheld from such wages, salaries, or commissions, are allowable as administrative expenses. In general, administrative expenses include taxes which the trustee incurs in administering the debtor’s estate, including taxes on capital gains from sales of property by the trustee and taxes on income earned by the estate during the case. Interest on tax liabilities and certain tax penalties incurred by the trustee are also included in this first priority. Taxes which the Internal Revenue Service may find due after giving the trustee a so-called ‘‘quickie’’ tax refund and later doing an audit of the refund are also payable as administrative expenses. The tax code [title 26] permits the trustee of an estate which suffers a net operating loss to carry back the loss against an earlier profit year of the estate or of the debtor and to obtain a tentative refund for the earlier year, subject, how- ever, to a later full audit of the loss which led to the refund. The bill, in effect, requires the Internal Rev- enue Service to issue a tentative refund to the trustee (whether the refund was applied for by the debtor or by the trustee), but if the refund later proves to have been erroneous in amount, the Service can request that the tax attributable to the erroneous refund be payable by the estate as an administrative expense. Postpetition payments to an individual debtor for services rendered to the estate are administrative ex- penses, and are not property of the estate when re- ceived by the debtor. This situation would most likely arise when the individual was a sole proprietor and was employed by the estate to run the business after the commencement of the case. An individual debtor in possession would be so employed, for example. See Local Loan v. Hunt, 292 U.S. 234, 243 (1943). Compensation and reimbursement awarded officers of the estate under section 330 are allowable as adminis- trative expenses. Actual, necessary expenses, other than compensation of a professional person, incurred by a creditor that files an involuntary petition, by a creditor that recovers property for the benefit of the estate, by a creditor that acts in connection with the prosecution of a criminal offense relating to the case, by a creditor, indenture, trustee, equity security hold- er, or committee of creditors or equity security holders (other than official committees) that makes a substan- tial contribution to a reorganization or municipal debt adjustment case, or by a superseded custodian, are all allowable administrative expenses. The phrase ‘‘sub- stantial contribution in the case’’ is derived from Bankruptcy Act §§ 242 and 243 [sections 642 and 643 of former title 11]. It does not require a contribution that leads to confirmation of a plan, for in many cases, it will be a substantial contribution if the person involved uncovers facts that would lead to a denial of confirma- tion, such as fraud in connection with the case. Paragraph (4) permits reasonable compensation for professional services rendered by an attorney or an ac- countant of an equity whose expense is compensable under the previous paragraph. Paragraph (5) permits reasonable compensation for an indenture trustee in making a substantial contribution in a reorganization or municipal debt adjustment case. Finally, paragraph (6) permits witness fees and mileage as prescribed under chapter 119 [§ 2041 et seq.] of title 28. Editorial Notes AMENDMENTS 2020—Subsec. (b). Pub. L. 116–260, § 320(f)(2)(A)(ii), con- tingent on its addition by Pub. L. 116–260, § 320(b), struck out par. (10) which read as follows: ‘‘any debt in- curred under section 364(g)(1) of this title.’’ Pub. L. 116–260, § 320(b), added par. (10). 2005—Subsec. (b)(1)(A). Pub. L. 109–8, § 329, amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘the actual, necessary costs and ex- penses of preserving the estate, including wages, sala- ries, or commissions for services rendered after the commencement of the case;’’. Subsec. (b)(1)(B)(i). Pub. L. 109–8, § 712(b), inserted ‘‘whether secured or unsecured, including property taxes for which liability is in rem, in personam, or both,’’ before ‘‘except’’. Subsec. (b)(1)(D). Pub. L. 109–8, § 712(c), added subpar. (D). Subsec. (b)(4). Pub. L. 109–8, § 1208, inserted ‘‘subpara- graph (A), (B), (C), (D), or (E) of’’ before ‘‘paragraph (3)’’. Subsec. (b)(7). Pub. L. 109–8, § 445, added par. (7). Subsec. (b)(8). Pub. L. 109–8, § 1103, added par. (8). Subsec. (b)(9). Pub. L. 109–8, § 1227(b), added par. (9). Subsec. (c). Pub. L. 109–8, § 331, added subsec. (c). 1994—Subsec. (a). Pub. L. 103–394, § 213(c), inserted ‘‘timely’’ after ‘‘may’’ and ‘‘, or may tardily file such request if permitted by the court for cause’’ before pe- riod at end. Subsec. (b)(1)(B)(i). Pub. L. 103–394, § 304(h)(2), sub- stituted ‘‘507(a)(8)’’ for ‘‘507(a)(7)’’. Subsec. (b)(3)(F). Pub. L. 103–394, § 110, added subpar. (F). 1986—Subsec. (b)(1)(B)(i). Pub. L. 99–554, § 283(g)(1), substituted ‘‘507(a)(7)’’ for ‘‘507(a)(6)’’. Subsec. (b)(5). Pub. L. 99–554, § 283(g)(2), inserted ‘‘and’’ after ‘‘title;’’. Page 112 TITLE 11—BANKRUPTCY § 504 Subsec. (b)(6). Pub. L. 99–554, § 283(g)(3), substituted a period for ‘‘; and’’. 1984—Subsec. (b). Pub. L. 98–353, § 446(1), struck out the comma after ‘‘be allowed’’ in provisions preceding par. (1). Subsec. (b)(1)(C). Pub. L. 98–353, § 446(2), struck out the comma after ‘‘credit’’. Subsec. (b)(2). Pub. L. 98–353, § 446(3), inserted ‘‘(a)’’ after ‘‘330’’. Subsec. (b)(3). Pub. L. 98–353, § 446(4), inserted a comma after ‘‘paragraph (4) of this subsection’’. Subsec. (b)(3)(C). Pub. L. 98–353, § 446(5), struck out the comma after ‘‘case’’. Subsec. (b)(5). Pub. L. 98–353, § 446(6), struck out ‘‘and’’ after ‘‘title;’’. Subsec. (b)(6). Pub. L. 98–353, § 446(7), substituted ‘‘; and’’ for period at end. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 2020 AMENDMENT Amendment by section 320(b) of div. N of Pub. L. 116–260 effective on the date on which the Adminis- trator of the Small Business Administration submits to the Director of the Executive Office for United States Trustees a written determination relating to loan eligi- bility under pars. (36) and (37) of section 636(a) of Title 15, Commerce and Trade, and applicable to any case pending on or commenced on or after such date, and amendment by section 320(f)(2)(A)(ii) of div. N of Pub. L. 116–260, relating to repeal of such amendment if it became effective, effective two years after Dec. 27, 2020, see section 320(f) of Pub. L. 116–260, set out as a note under section 364 of this title. [Pursuant to 15 U.S.C. 636(a)(36)(A)(iii), the ‘‘cov- ered period’’ for loans under the Paycheck Protection Program ended on June 30, 2021.] EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title. § 504. Sharing of compensation (a) Except as provided in subsection (b) of this section, a person receiving compensation or re- imbursement under section 503(b)(2) or 503(b)(4) of this title may not share or agree to share— (1) any such compensation or reimbursement with another person; or (2) any compensation or reimbursement re- ceived by another person under such sections. (b)(1) A member, partner, or regular associate in a professional association, corporation, or partnership may share compensation or reim- bursement received under section 503(b)(2) or 503(b)(4) of this title with another member, part- ner, or regular associate in such association, corporation, or partnership, and may share in any compensation or reimbursement received under such sections by another member, part- ner, or regular associate in such association, corporation, or partnership. (2) An attorney for a creditor that files a peti- tion under section 303 of this title may share compensation and reimbursement received under section 503(b)(4) of this title with any other attorney contributing to the services ren- dered or expenses incurred by such creditor’s at- torney. (c) This section shall not apply with respect to sharing, or agreeing to share, compensation with a bona fide public service attorney referral program that operates in accordance with non- Federal law regulating attorney referral serv- ices and with rules of professional responsibility applicable to attorney acceptance of referrals. (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2582; Pub. L. 109–8, title III, § 326, Apr. 20, 2005, 119 Stat. 99.) HISTORICAL AND REVISION NOTES SENATE REPORT NO. 95–989 Section 504 prohibits the sharing of compensation, or fee splitting, among attorneys, other professionals, or trustees. The section provides only two exceptions: partners or associates in the same professional associa- tion, partnership, or corporation may share compensa- tion inter se; and attorneys for petitioning creditors that join in a petition commencing an involuntary case may share compensation. Editorial Notes AMENDMENTS 2005—Subsec. (c). Pub. L. 109–8 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title. § 505. Determination of tax liability (a)(1) Except as provided in paragraph (2) of this subsection, the court may determine the amount or legality of any tax, any fine or pen- alty relating to a tax, or any addition to tax, whether or not previously assessed, whether or not paid, and whether or not contested before and adjudicated by a judicial or administrative tribunal of competent jurisdiction. (2) The court may not so determine— (A) the amount or legality of a tax, fine, penalty, or addition to tax if such amount or legality was contested before and adjudicated by a judicial or administrative tribunal of competent jurisdiction before the commence- ment of the case under this title; (B) any right of the estate to a tax refund, before the earlier of— (i) 120 days after the trustee properly re- quests such refund from the governmental unit from which such refund is claimed; or