In re Davis (02-42744, Adv. No. 04-04003)
Georgia Power Co. ("Defendant") filed a Motion for Summary Judgment arguing that the post-petition, pre-conversion debt owed by Stephanie M. Davis ("Plaintiff") was collectable in addition to the deposit, as set out in 11 U.S.C. § 366, as an administrative expense under 11 U.S.C. § 503(b). In ruling against Defendant’s motion, the Court held that the effect of 11 U.S.C. § 348 was that the post-petition, pre-conversion debt was to be treated as if it had arisen just prior to the filing of the petition, unless it was determined to be an administrative expense under 11 U.S.C. § 503(b), which requires notice and a hearing. The Court held that Defendant was not automatically entitled to such priority. Therefore, Defendant was not entitled to judgment as a matter of law.
