Secured Credit Committee


Post date: Thursday, July 12, 2018
Photo of Timothy J. Anzenberger
Timothy J. Anzenberger

May chapter 13 plans prioritize payments to debtors’ attorneys over secured creditors? Bankruptcy courts are divided, and two recent decisions have widened the gap.

Post date: Tuesday, April 24, 2018

Circuits are split on the issue of whether bankruptcy courts can confirm plans containing non-consensual third-party releases. Historically, the split involved the application of Bankruptcy Code § 105 or 524. Recently, however, a few secured creditors have relied on Stern v.

Post date: Saturday, February 03, 2018

The opinion issued by the U.S. Court of Appeals for the Ninth Circuit in DZ Bank Ag Deutsche Zentral-Genossenschaftbank, Frankfurt Am Main v. Meyer[1] is noteworthy to secured creditors in the context of the extent of the judgment to which they may be entitled as a consequence of the commission of actual fraud.

Post date: Saturday, February 03, 2018

[1]A new business entity formed today more likely than not will be formed as a limited liability company (LLC).

Post date: Wednesday, July 12, 2017

Following a chapter 11 case, lenders face significant risks associated with debtor-in-possession (DIP) loans or cash-collateral orders that provide for automatically perfected liens encumbering a debtor’s assets.

Post date: Wednesday, July 12, 2017
Photo of John T. Carroll, III
John T. Carroll, III

Suppliers of goods to ocean-going vessels can face considerable counterparty risk, as the vessels that they supply may never return to the same port.

Post date: Friday, April 01, 2016

On Jan. 15, 2016, the U.S. Bankruptcy Court for the Middle District of Alabama decided In re Moorer, 15-30422-WRS, 2016 WL 199061 (Bankr. M.D. Ala. Jan. 15, 2016), wherein the court allowed the debtor to bifurcate a loan and treat the value of the property as the secured claim,

Post date: Thursday, December 17, 2015

This year has been an exciting one for the Secured Credit Committee (SCC). For those of you interested in learning more about SCC activities, and hopefully becoming more involved, this message summarizes some of the highlights of the SCC in 2015, the SCC's goals for 2016, and areas in which you might want to become involved.

Post date: Thursday, September 24, 2015
Photo of Jeffrey E. Altshul
Jeffrey E. Altshul

Can a debtor use its lack of following corporate and statutory formalities as a defense to a request for adequate protection? The U.S. Bankruptcy Court for the District of Maine ruled on this question as well as some others in In re Parkview Adventist Medical Center.

Post date: Thursday, September 24, 2015

On June 1, 2015, the U.S. Supreme Court decided Bank of America N.A., v. Caulkett,[1] unanimously holding that debtors could not strip off a second lien in a chapter 7 proceeding. In Caulkett, the debtors were attempting to void a junior lien where the debt owed by the senior lien exceeded the value of the collateral.


Ms. Andrea Chase, Esq.
Spencer Fane LLP
Kansas City, MO
(816) 292-8279

Mr. James K. Donaldson
Woods Rogers Vandeventer Black
Richmond, VA
(804) 343-5028

Ms. Alexandria G. Lattner
Communications Manager
Sheppard, Mullin, Richter & Hampton LLP
Costa Mesa, CA
(714) 513-5100

Mr. Eric W. Anderson
Education Director
Parker, Hudson, Rainer & Dobbs LLP
Atlanta, GA
(404) 420-4331

Mr. Ian Rubenstrunk
Education Director
Spencer Fane
Minneapolis, MN
(952) 563-6881

Ms. Shirley Palumbo, Esq.
Membership Relations Director
NextEra Energy Resources
Juno Beach, FL
(561) 310-5028

Ms. Kelli S. Norfleet, Esq.
Newsletter Editor
Haynes and Boone, LLP
Houston, TX
(713) 547-2630

Mr. Evan B. Blum
Special Projects Leader
Woodbridge, NJ
(732) 750-0900

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