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Case 10-28831-AJC Doc 273 Filed 10/08/10 Page 1 of 4

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov


In re: Chapter 11

ARROW AIR, INC., and
ARROW AIR HOLDINGS CORP.,


Debtors.
__________________________________/

































Case No. 10-28831-AJC
Case No. 10-28834-AJC
(Jointly Administered under
case no. 10-28831-AJC)



AVIATION BRAKE SERVICES, INC. APPLICATION
TO ALLOW ADMINISTRATIVE EXPENSE CLAIM



AVIATION BRAKE SERVICES, INC. (“Aviation Brake”), by and through undersigned

counsel, hereby files this Application to Allow Administrative Expense Claim pursuant to 11

U.S.C. § 503(b)(9)(the “Application”). In support of this Application, Aviation Brake states as

follows:

JURISDICTION, VENUE AND STATUTORY BASIS

1.

The Court has jurisdiction to hear this Application under 28 U.S.C. §§ 157 and

1334.

2.

This is a core proceeding under 28 U.S.C. §§ 157(b)(2)(A) and (B).

3.

Venue is proper in this Court under 28 U.S.C. §§ 1408 and 1409.

BACKGROUND

4.

On June 30, 2010 (the “Petition Date”), the Debtors each filed voluntary petitions

for relief under chapter 11 of the United States Code § 101, et seq. (the “Bankruptcy Code”), and

their cases are being jointly administered.

5.

The Debtors continue to operate their businesses and manage their affairs as

debtors-in-possession pursuant to §§ 1107 and 1108 of the Bankruptcy Code.

Case 10-28831-AJC Doc 273 Filed 10/08/10 Page 2 of 4

6.

In conjunction with a long standing business relationship, Aviation Brake

provided the Debtors with various goods and services. The nature of these goods and services

were aircraft brakes and related services.

7.

Pursuant to the ordinary course of their business relationship, Aviation Brake

provided the Debtors with, inter alia, $107,935.00 worth of various aircraft brakes and related

services (“Aircraft Brakes”) within 20 days of the Petition Date. The invoices reflecting

Debtors’ purchase and receipt of these Aircraft Brakes are referenced in a summary attached

hereto as Exhibit “A” and incorporated by reference.

8.

As such, Aviation Brake is entitled to an administrative expense claim in the

amount of $107,935.00.

REQUESTED RELIEF

9.

Bankruptcy Code § 503(b)(9) provides, in relevant part, that a creditor shall have

an allowed administrative expense claim for “the value of any goods received by the debtor

within 20 days before the date of commencement of a cause under this title in which the goods

have been sold to the debtor in the ordinary course of the debtor’s business.”

10.

Aviation Brake provided the Aircraft Brakes to the Debtors (for use by the

Debtors in providing air cargo services) within 20 days of the Petition Date. By virtue of these

goods being provided to the Debtors in the ordinary course of their business, Aviation Brake is

entitled to an administrative expense claim for the full amount of the Aircraft Brakes.

WHEREFORE, pursuant to the above-cited statutory authority, Aviation Brake

respectfully requests that the Court enter an order (i) determining the amount of, and allowing,

Aviation Brake’s Administrative Expense Claim, (ii) directing the Debtors to pay such allowed

Case 10-28831-AJC Doc 273 Filed 10/08/10 Page 3 of 4

claim within ten (10) days of the date of the Order granting this Application, and (iii) granting

such other and further relief as the Court deems just and proper.

Dated: October 8, 2010.



Respectfully submitted,

RICHARDS & ASSOCIATES
232 Andalusia Avenue, Suite 202
Coral Gables, Florida 33134
Telephone: (305) 448-2228
Facsimile: (305) 448-2229
By: /s/ Richard L. Richards

RICHARD L. RICHARDS
Florida Bar No. 9415
[email protected]
Counsel for Aviation Brake




Case 10-28831-AJC Doc 273 Filed 10/08/10 Page 4 of 4

CERTIFICATE OF SERVICE



I CERTIFY that on October 8, 2010, I electronically filed the foregoing document with

the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served

this day by transmission of Notices of Electronic Filing generated by CM/ECF to those parties

registered to receive electronic notices of filing in this case.











By: /s/ Richard L. Richards

RICHARD L. RICHARDS