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IN RE AMES DEPT. STORES, INC.

No. 07-1362-bk.

582 F.3d 422 (2009)

In re AMES DEPARTMENT STORES, INC., Debtor, ASM Capital, LP, Appellant, v. Ames Department Stores, Inc., Debtor-Appellee.

United States Court of Appeals, Second Circuit.

September 18, 2009.

Attorney(s) appearing for the Case

ROBERT J. BUTLER (Rebecca L. Saitta, on the brief), Wiley Rein LLP, McLean, VA, for appellant.

MARTIN J. BIENENSTOCK (Michele J. Meises, on the brief), Weil, Gotshal & Manges LLP, New York, NY, for debtor-appellee.

Before CALABRESI and B.D. PARKER, Circuit Judges.

PER CURIAM:

This appeal raises the question of whether section 502(d) of the Bankruptcy Code, which bars allowance of certain claims filed against the debtor's estate by alleged recipients of preferential transfers, also bars allowance to such a claimant of postpetition administrative expenses pursuant to section 503(b) of the Bankruptcy Code. We conclude that it does not, and consequently we vacate the order of the district...

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