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IN RE METRO FULFILLMENT, INC.

BAP No. CC 02-1527-BMoP. Bankruptcy No. SV 01-21763-AG.

294 B.R. 306 (2003)

In re METRO FULFILLMENT, INC., Debtor. Maria Gonzalez; Maria Hernandez, Appellants, v. David Gottlieb, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed June 4, 2003.

Attorney(s) appearing for the Case

Cassandra Stubbs, Bet Tzedek Legal Services, North Hollywood, CA, for Maria Gonzalez and Maria Hernandez.

David L. Neale, Levene, Neale, Bender & Rankin, L.L.P., Los Angeles, CA, for David Gottlieb, Ch. 7 Trustee.

Before BRANDT, MONTALI, and PERRIS, Bankruptcy Judges.

OPINION

BRANDT, Bankruptcy Judge.

In this appeal, we are asked to determine whether claims for penalty wages under California law for failure to timely pay postpetition wages, and for paying postpetition wages with checks drawn on insufficient funds, are entitled to administrative priority under § 503(b)(1)(A).1 The bankruptcy court concluded that they were not, reasoning that penalty...

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