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IN RE POWERMATE HOLDING CORP.

Bankruptcy No. 08-10498(KG). Adversary No. 08-50559(KG).

394 B.R. 765 (2008)

In re POWERMATE HOLDING CORP., a Delaware corporation, et al., Debtors. Greg Henderson on his own behalf and on behalf of all other persons similarly situated, Plaintiffs, Powermate Holding Corp., Powermate Corporation, Powermate International, Inc., Sun Capital Partners, LLC, Sun Powermate, LLC, SCSF Powermate, LLC, York Street Mezzannine Partners, L.P., and John Does 1-20, Defendants.

United States Bankruptcy Court, D. Delaware.

October 10, 2008.

Attorney(s) appearing for the Case

James E. Huggett, Margolis Edelstein, Wilmington, DE, for Plaintiffs.

Kenneth J. Enos, Young, Conaway, Stargatt & Taylor, Wilmington, DE, Gary D. Anderson, Kirkland & Ellis LLP, Washington, DC, for Defendants.

Sun Capital Partners, LLC, pro se.

SCSF Powermate, LLC, pro se.

John Does 1-20, pro se.

MEMORANDUM OPINION

KEVIN GROSS, Bankruptcy Judge.

The matter before the Court is one of first impression in this Circuit, raising the claim status of discharged employees under the 2005 Amendments to the Bankruptcy Code. Plaintiff alleges that he is entitled to administrative expense status pursuant to 11 U.S.C. § 503(b)(1)(A)(ii) (the "Amendment"). Procedurally, pending is the defendants' motion to...

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