BAPCPA at 10

Courts Remain Split on Allowing Credit Counseling on the Same Day but After Filing

Another judge follows statutory language that didn’t achieve the result Congress probably intended.

The 2005 Amendments to Section 546(c) Limited the Remedies of Reclamation Creditors

Reclamation creditors no longer have liens or administrative claims if a secured lender sucks up all the value in reclaimed goods.

Seventh Circuit: Reclamation Claims Are Subordinate to DIP Financing

The 2005 amendments to Section 546(c) departed from state law under UCC § 2-702 by creating a federal rule making reclamation claims subordinate to existing secured claims and DIP financing.
Court: 

Pages