What is the test for determining who has administrative priority in a Bankruptcy Court case where a plaintiff is seeking to claim unpaid wages for services provided after the commencement of the case?

MultiRegion, United States of America

The following excerpt is from Palau Corp., In re, 18 F.3d 746 (9th Cir. 1994):

A fundamental principle of statutory construction is that, "[A]s long as the statutory scheme is coherent and consistent, there generally is no need for a court to inquire beyond the plain language of the statute." United States v. Ron Pair Enters., Inc., 489 U.S. 235, 240-41, 109 S.Ct. 1026, 1029-30, 103 L.Ed.2d 290 (1989). As already noted, the relevant provision of the Bankruptcy Code plainly states that administrative priority will only be accorded wage claims involving "the actual, necessary costs and expenses of preserving the estate, including wages ... for services rendered after the commencement of the case[.]" 11 U.S.C. Sec. 503(b)(1)(A).

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