Eighth Circuit: Secured Creditor's Collateral can be Surcharged to Pay for Chapter 11 Administrative Expenses
Charles R. Sterbach of Gallagher & Kennedy, P.A.
A Chapter 11 debtor's post-bankruptcy workers' compensation premiums can be surcharged against a secured creditor's.
Bankruptcy and the Secured Creditor
This article discusses the effect of bankruptcy on secured claims. In particular, the author reviews the impact of an automatic stay, the debtor's valuation of secured claims, the Chapter 11 confirmation process and the right of lessons and lessees.
Putting a period to a dot com*
Cathleen Cooper Moran of Moran Law Group
What can you/should you do when it becomes obvious that your start up should wind down? For the entrepreneur, winding down an insolvent company is a challenge: honor the legal rights of creditors while minimizing the damage to the founders and employees
Supreme Court Resolves Issue Of Standing under Bankruptcy Code Section 506(c)
John J. Rapisardi and Kathryn L. Turner of Weil, Gotshal & Manges LLP
This article summarizes Hartford Underwriters Insurance Company v. Union Planters Bank whereby the Supreme Court resolved the standing issue by holding that non-trustee third parties do not have standing under section 506(c) of the Bankruptcy Code to surcharge a lien holder's collateral.
Brave New World: Indonesia's New Bankruptcy Law
William A. Sullivan of Coudert Brothers LLP
On April 22, 1998, a new era in Indonesian lawmaking was initiated with the signing by President Soeharto of Gover.
Secured Creditors Seeking a Deficiency Judgement Must Plead Notice
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Texron Fin. Corp. v. Trailiner Corp., 965 S.W.2d 426 (Mo. Ct. App. S.D. Div.2 3/20/98). SECURED CREDITORS SEEKING A.
The Enforcement of Indonesian Security Interests
Michael S Horn of Coudert Brothers LLP
This memorandum will provide a brief description of the procedures whereby a creditor may pursue the enforcement o.
Eighth Circuit Holds Only Trustee Can Surcharge Collateral Under Section 506(c)
Reginald A. Greene of Weil, Gotshal & Manges LLP
This article examines the Eighth Circuit Court of Appeals' ruling in Hartford Underwriters Insurance Company v. Magna Bank.
When Is Your "Debt" Claim Not A Debt Claim?
Goodwin Procter LLP
Traditionally, bankruptcy law honored the basic axiom that debt should be paid before equity. Recent cases have spawned a new corollary which recharacterizes debt as equity in certain circumstances.
Secured Creditor Surcharged For Agreeing To Debtor's Continued Operation
Jaffe Raitt Heuer & Weiss, P.C.
If an Eighth Circuit decision remains good law, creditors may lose some of their collateral in a debtor's .