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FILED
United States Court of AppealsTenth Circuit
September 1, 2006
Elisabeth A. ShumakerClerk of Court
PUBLISH
UNITED STATES COURT OF APPEALSTENTH CIRCUIT
M. STEPHEN PETERS,Plaintiff - Appellant,v.PIKES PEAK MUSICIANSASSOCIATION,Defendant - Appellee.-------------------------COLORADO SPRINGS SYMPHONYORCHESTRA ASSOCIATIONDebtor. No. 05-1017
APPEAL FROM THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLORADO(D.C. NO. 04-M-765, Bankruptcy Case No. 03-10421 HRT)
Philip A. Pearlman, Pearlman & Dalton, P.C., Denver, Colorado, for Appellant.Brent R. Cohen (S. Kato Crews with him on the brief), Rothgerber Johnson &Lyons LLP, Denver, Colorado, for Appellee.Before
 HENRY
,
McKAY
, and
 TYMKOVICH
, Circuit Judges.
 
-2-
TYMKOVICH
, Circuit Judge.This appeal arises from a bankruptcy case in which the Colorado SpringsSymphony Orchestra contested the payment of its musicians’ wages and benefitsas administrative expenses from the bankrupt Orchestra’s estate. At the time theOrchestra filed for Chapter 11 reorganization, the parties were subject to acollective bargaining agreement requiring the musicians to remain available for rehearsals and performances on a flexible basis. In exchange, the agreementguaranteed them compensation for a minimum number of pay periods, regardlessof whether their services were used by the Orchestra during that time. After the Orchestra filed its bankruptcy petition, it continued to plan for concerts because it was actively seeking to reorganize its business. Accordingly,although the concert schedule was uncertain during the post-petition period, themusicians remained available to perform if called upon to do so. Ultimately,however, the Orchestra was unable to resolve its financial difficulties. Itcancelled all previously scheduled concerts, obtained court-approved rejection of its collective bargaining agreement, and, finally, commenced liquidation proceedings. The Pikes Peak Musicians Association, which represents the musicians,sought and obtained payment of their post-petition wages and benefits as
 
 Although the Bankruptcy Abuse Prevention and Consumer Protection Act
1
of 2005 amended § 507, shifting administrative expenses to second priority, theamendment does not affect cases such as this one that were filed prior to April 20,2005. Pub. L. No. 109-8, § 1406, 119 Stat. 23, 215 (2005).-3-administrative expenses, which receive first priority under the Bankruptcy Code.
1
See
11 U.S.C. §§ 503(b)(1)(A), 507(a)(1). Having jurisdiction pursuant to 28 U.S.C. § 158(d), we AFFIRM.
I. Background
The Colorado Springs Symphony Orchestra was a private, community- based organization that employed local talent who performed pursuant to acollective bargaining agreement. The Pikes Peak Musicians Association acted asthe musicians’ exclusive agent in contract negotiations. During the 2002–2003season, the Orchestra encountered financial difficulties, and, on January 10, 2003,it filed a petition for voluntary Chapter 11 reorganization. At that time, thecollective bargaining agreement between the parties was set to run throughAugust 31, 2003. The agreement was akin to a minimum quantity contract in thatthe musicians were guaranteed compensation for a certain number of pay periods,regardless of whether the Orchestra held any rehearsals or performances duringthose periods. This allowed the Orchestra to schedule events with the assurancethat, even on relatively short notice, its musicians would be available to perform. On February 13, 2003, a little over one month after filing its Chapter 11 petition, the Orchestra obtained court approval to reject its collective bargaining

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