Financial institutions lending to the agriculture sector should prepare now for a continued wave of borrower distress and bankruptcy filings in 2026 and 2027. Chapter 12 farm bankruptcies surged 46% in 2025—yet another annual...more
A recent bankruptcy opinion delivers welcome news for secured creditors: Even if a financing statement lapses, a creditor can re-perfect its security interest by filing a new financing statement—so long as the underlying...more
Under § 506(a)(1) of the Bankruptcy Code, a secured creditor’s claim is secured only to the extent of the collateral’s value. Any amount over that value is bifurcated into a separate unsecured claim.
Critically, if a...more
A debtor’s goal in chapter 11 is to confirm a plan of reorganization. And a creditor’s goal is to maximize recovery under that plan. So, it is critical, of course, for creditors to scrutinize a proposed plan before voting....more