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Secured Debt Proof of Claims

Bradley Arant Boult Cummings LLP

Bradley’s Bankruptcy Basics: Secured vs. Unsecured Claims

Bankruptcy is primarily about “claims.” The debtor seeks to discharge personal liability on claims, while creditors seek payment on their claims. In basic terms, a bankruptcy “claim” is a right to payment. The claim does not...more

Fox Rothschild LLP

Secured Creditors’ State Court Rights Affected By Proof Of Claim Choices

Fox Rothschild LLP on

Secured creditors have many choices when it comes to how to file a proof of claim in bankruptcies. Those choices should be weighed carefully, however, because certain choices can have important unexpected consequences that...more

Bradley Arant Boult Cummings LLP

5 Key Takeaways from Bradley’s Bankruptcy Basics, Part 1

The early bird gets the worm. Do your homework upon receiving notice of a bankruptcy filing, and review the account. Initial questions include: Is your debt secured or unsecured? What is the outstanding debt owed? Are there...more

Bowditch & Dewey

Getting Paid in Bankruptcy – Part II, Goods and Services

Bowditch & Dewey on

In this series, we look at how various payment rights are treated in bankruptcy. A summary like this could not possibly address every right that might arise in any given bankruptcy case. We have omitted several of the...more

Lowenstein Sandler LLP

This is Really Funny…On Our Way to The Bankruptcy Court

A company commences a Chapter 11 bankruptcy case, obtains “debtor in possession” financing and then asks its vendors for more unsecured credit because (according to the debtor) the debtor just got lots of new financing and...more

Hudson Cook, LLP

Lien Filing Error Renders Creditor's Claim Unsecured

Hudson Cook, LLP on

Many steps creditors take in the process of directly or indirectly originating a vehicle finance agreement are designed to protect the creditor in the event its credit risk assessment was off and the consumer defaults. A...more

Bennett Jones LLP

Not Just Linear Property Tax Priorities: Alberta Court of Appeal on Abuse of Process and Mootness

Bennett Jones LLP on

In a recent Bennett Jones Update—Property Tax Priorities in Alberta Insolvency Proceedings: Current Uncertainty—we discussed three recent decisions of the Court of Queen's Bench of Alberta that had addressed the question of...more

Ward and Smith, P.A.

Can I Recover Attorneys' Fees in Bankruptcy?

Ward and Smith, P.A. on

The United States Court of Appeals for the Fourth Circuit — which covers federal courts in North Carolina — recently handed a big victory to lenders whose borrowers file for bankruptcy protection. In SummitBridge National...more

Dechert LLP

Buyer Beware in the Bankruptcy Claims Trading Market

Dechert LLP on

The Bankruptcy Court for the District of Delaware recently held in In re Woodbridge Group of Companies, LLC that while Rule 3001 of the Bankruptcy Code provides a mechanism for transfers of claims, Rule 3001 is not a...more

Snell & Wilmer

What Happens When a Secured Creditor Files a Late Claim in an Equity Receivership?

Snell & Wilmer on

Pitting a receivership court’s inherent equitable powers against pre-existing property rights can lead to some pretty interesting questions. In SEC v. Wells Fargo Bank, N.A., 848 F.3d 1339, 1343-44 (11th Cir. 2017), the...more

Snell & Wilmer

Coming Soon: Bankruptcy Proofs of Claim Must be Filed Sooner and by More Claimants

Snell & Wilmer on

Bankruptcy Rule 3002 is getting an update, which goes into effect on December 1, 2017. Creditors in a Chapter 7 (liquidation), Chapter 12 (family farmer), and Chapter 13 (individual reorganization) bankruptcy need to take...more

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