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IN RE T.A. BRINKOETTER & SONS, INC.

No. 09-80727.

467 B.R. 668 (2012)

In re T.A. BRINKOETTER & SONS, INC., Debtor.

United States Bankruptcy Court, C.D. Illinois.

March 28, 2012.

Attorney(s) appearing for the Case

Sumner Bourne , Peoria, IL, for Debtor.

Charles E. Covey , Peoria, IL, Trustee.

OPINION

THOMAS L. PERKINS, Chief Judge.

Are penalties and interest assessed when a chapter 11 debtor-in-possession fails to timely pay postpetition fringe benefits entitled to administrative expense status? This is the issue raised in the petition for administrative expenses (treated as a motion under Fed. R. Bankr.P. 9013 and 9014) filed by the NECA-IBEW Pension Fund and the NECA-IBEW Welfare Fund (together the FUNDS).

The Debtor, T.A. Brinkoetter...

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