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Fifth Circuit Confirms Third-Party Liens Survive Chapter 11 Discharge

The Fifth Circuit has confirmed the old adage that liens “ride through” bankruptcy regardless of a discharge. Reversing a Texas bankruptcy court, the Circuit Court has held that a statutory privilege (a lien) against property...more

Broadway Realty Ruling Highlights Narrow Scope of Collateral Surcharges

Another bankruptcy court decision shows the skepticism of courts to Chapter 11 debtors’ arguments that they can surcharge a creditor’s collateral to pay extensive administrative expenses, such as professionals’ fees. A...more

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