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Committees Committee


Post date: Saturday, February 03, 2018

The opinion issued by the U.S. Court of Appeals for the Ninth Circuit in DZ Bank Ag Deutsche Zentral-Genossenschaftbank, Frankfurt Am Main v. Meyer[1] is noteworthy to secured creditors in the context of the extent of the judgment to which they may be entitled as a consequence of the commission of actual fraud.

Post date: Saturday, February 03, 2018

[1]A new business entity formed today more likely than not will be formed as a limited liability company (LLC).

Post date: Wednesday, July 12, 2017

Following a chapter 11 case, lenders face significant risks associated with debtor-in-possession (DIP) loans or cash-collateral orders that provide for automatically perfected liens encumbering a debtor’s assets.

Post date: Wednesday, July 12, 2017

Suppliers of goods to ocean-going vessels can face considerable counterparty risk, as the vessels that they supply may never return to the same port.

Post date: Friday, April 01, 2016

On Jan. 15, 2016, the U.S. Bankruptcy Court for the Middle District of Alabama decided In re Moorer, 15-30422-WRS, 2016 WL 199061 (Bankr. M.D. Ala. Jan. 15, 2016), wherein the court allowed the debtor to bifurcate a loan and treat the value of the property as the secured claim,

Post date: Thursday, December 17, 2015

This year has been an exciting one for the Secured Credit Committee (SCC). For those of you interested in learning more about SCC activities, and hopefully becoming more involved, this message summarizes some of the highlights of the SCC in 2015, the SCC's goals for 2016, and areas in which you might want to become involved.

Jeffrey E. Altshul
Post date: Thursday, September 24, 2015

Can a debtor use its lack of following corporate and statutory formalities as a defense to a request for adequate protection? The U.S. Bankruptcy Court for the District of Maine ruled on this question as well as some others in In re Parkview Adventist Medical Center.

Post date: Thursday, September 24, 2015

On June 1, 2015, the U.S. Supreme Court decided Bank of America N.A., v. Caulkett,[1] unanimously holding that debtors could not strip off a second lien in a chapter 7 proceeding. In Caulkett, the debtors were attempting to void a junior lien where the debt owed by the senior lien exceeded the value of the collateral.

Post date: Thursday, September 24, 2015

Foreclosure of personal property is a necessary evil for lenders in the commercial default context, and the foreclosure and sale must meet the commercially reasonable standard to withstand later scrutiny by competing creditors and unrequited borrowers.

Post date: Tuesday, July 21, 2015

In In re Alternate Fuels Inc.[1], the Tenth Circuit Court of Appeals describes and applies standards for (1) recharacterizing debt claims as camouflaged equity and (2) equitably subordinating debt claims. In doing so, the court confirmed two things:


Fri, 04/15/2016

Legal and Practical Issues Involving Secured Creditors and the Retention of Financial Advisors.

Fri, 04/17/2015

Secured Credit Under the Code and Commission Report

Wed, 11/12/2014

The Asset Sales Committee hosted their most recent committee call on Wednesday, November 12. This call was titled "Bankruptcy Reform Commission’s Consideration of a Proposal to Surcharge Secured Lenders for 363 Asset Sales," and worked to more broadly inform and engage bankruptcy and restructuring professionals about the proposal being considered by the Bankruptcy Reform Commission to assess a charge on secured lenders for 363 asset sales in Chapter 11.