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IN RE NATIVE AMERICAN SYSTEMS, INC.

BAP No. CO-06-036, Bankruptcy No. 02-10387-EEB

351 B.R. 135 (2006)

In re NATIVE AMERICAN SYSTEMS, INC., doing business as Native American Sales Enc., doing business as Native American Co., doing business as Native American Companies, Debtor. M. Stephen Peters, Trustee, Appellant, v. Eraterasys Networks, Inc., Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

September 29, 2006.

Attorney(s) appearing for the Case

Virginia M. Dalton of Pearlman & Dalton, P.C., Denver, CO, for Appellant.

Alex Darcy of Askounis & Borst, P.C. and Kenneth J. Buechler of Sender & Wasserman, P.C., Denver, CO, for Appellee.

Before BOHANON, CORNISH, and THURMAN, Bankruptcy Judges.

OPINION

THURMAN, Bankruptcy Judge.

The Debtor's Trustee appeals the bankruptcy court's allowance of an administrative expense to Enterasys Networks, Inc. ("Enterasys") in the amount of $40,340.20, pursuant to 11 U.S.C. § 503(b). This appeal involves the question of whether a bankruptcy court may allow a Chapter 11 administrative claim for services requested by the debtor of a creditor, where the creditor stood ready to provide the same but the debtor...

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