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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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