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A basic tenet of bankruptcy law, premised on the legal separateness of a debtor prior to filing for bankruptcy and the estate created upon a bankruptcy filing, is that prepetition debts are generally treated differently than debts incurred by the estate, which are generally treated as priority administrative expenses. However, this seemingly straightforward principle is sometimes difficult to apply in cases where a debt technically arose or was incurred prepetition, but does not become payable until sometime during the bankruptcy case.
A ruling recently handed down by the U.S. District Court for the District of Delaware highlights this issue. In