Secured Credit Committee


Post date: Tuesday, February 01, 2011

With the economy still lagging and an apparent end to federal assistance for state and local governments, some experts are predicting an increase in chapter 9 bankruptcy filings. Chapter 9 of the Bankruptcy Code provides a rarely used avenue for municipalities and other political subdivisions to obtain relief from creditors.

Post date: Tuesday, December 28, 2010
Photo of David M. Hillman [1]
David M. Hillman [1]

In In re Boston Generating LLC, a New York bankruptcy judge held that second-lien lenders could object to a debtor’s bid procedures approved by the first-lien lenders despite the terms of an intercreditor agreement. [2] The intercreditor agreement provided the first-lien lenders with the “exclusive right to…make determinations r

Post date: Monday, March 01, 2010
Photo of Stephen C. Stapleton
Stephen C. Stapleton
Post date: Monday, March 01, 2010

The epic §363 sales that were consummated in the Chrysler and General Motors bankruptcies this past summer raised objections from parties in interest[1] and concerns from the broader legal community[2] that the sale transactions were, in effect, sub rosa plans that ef

Post date: Friday, January 01, 2010

In September 2009, the Third Circuit issued a ruling in Wawel Savings Bank v. Jersey Tractor Trailer Training Inc. (In re Jersey Tractor Trailer Training Inc.), 580 F.3d 147 (3d Cir. 2009), that addressed significant issues that can arise in situations where competing claims to a debtor’s accounts receivable exist between a traditional lender and a factor.

Post date: Friday, January 01, 2010

The Second Circuit Court of Appeals held on Nov. 5, 2009, that a creditor was entitled to its postpetition legal fees incurred on a prepetition indemnity agreement. In affirming the lower courts, the Second Circuit explained that the Bankruptcy Code “interposes no bar to recovery.”[1]

Post date: Friday, January 01, 2010

In In re Crescent Oil Company, et al., Case No. 09-20258, pending in the U.S. Bankruptcy Court for the District of Kansas, the court entered an order approving a gifting carve-out that could provide a road map for some undersecured lenders in their dealings with unsecured creditors’ committees.

Post date: Sunday, November 01, 2009

Credit bidding, which has been used with increasing frequency as a tool for secured creditors to obtain possession of their collateral rather than receive the proceeds of a sale for consideration they view as inadequate, allows a secured creditor to set off sums owed to such secured creditor as a bid in certain sales of property of a debtor’s estate.

Post date: Sunday, November 01, 2009

Many secured lenders do not realize the risks associated with lending upon collateral involving underground storage tanks (USTs).

Post date: Wednesday, July 01, 2009

In a recent decision that caught the attention of many in the secured lending community, the U.S.


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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