security interest

Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2017

Bob Eisenbach — Tue, 14 Nov 2017 16:22:18 +0000

Just about every year amendments are made to the rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The amendments address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others. As the photo above reminds us, the rule amendments are ultimately adopted by the U.S. Supreme Court (and technically subject to…

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Winter 2014 Edition Of Bankruptcy Resource Now Available

Bob Eisenbach — Thu, 02 Jan 2014 19:10:42 +0000

I hope you had a wonderful holiday season and Happy New Year everyone. To start the new year off, the Winter 2014 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP, of which I am a member, has been released. The newsletter gives updates on current developments and trends in the bankruptcy and workout area. Follow the links in this…

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Spring 2013 Edition Of Bankruptcy Resource Now Available

Bob Eisenbach — Thu, 11 Apr 2013 15:43:45 +0000

The Spring 2013 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP, of which I am a member, has now been released. The newsletter gives updates on current developments and trends in the bankruptcy and workout area. Follow the links in this sentence to access a copy of the newsletter. You can also subscribe to the blog to learn when future…

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Supreme Court Bids Adieu To Plans Denying Secured Creditors The Right To Credit Bid

Bob Eisenbach — Thu, 31 May 2012 11:24:43 +0000

On May 29, 2012, only a little more than a month after the April 23, 2012 oral argument in the case, the U.S. Supreme Court issued its decision in RadLAX Gateway Hotel, LLC, et al. v. Amalgamated Bank on the question of "credit bidding." You can get a copy of the opinion by following the link in this sentence. (You are also welcome to follow my Twitter feed @BobEisenbach for updates…

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Winter 2012 Edition Of Bankruptcy Resource Now Available

Bob Eisenbach — Mon, 13 Feb 2012 13:42:21 +0000

The Winter 2012 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP, of which I am a member, has recently been released. The newsletter gives updates on current developments and trends in the bankruptcy and workout area. Follow the links in this sentence to access a copy of the newsletter. You can also subscribe to the blog to learn when…

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Will Section 363 “Free And Clear” Sale Orders Survive An Appeal? A Recent Appellate Decision Raises New Doubts

Bob Eisenbach — Mon, 18 Aug 2008 11:30:40 +0000

The primary objective of any buyer at a Section 363 sale, whether one purchasing for cash or an existing secured creditor making a credit bid, is to obtain good title to the purchased assets free and clear of any liens, claims, or interests. However, a recent decision on this subject by the Bankruptcy Appellate Panel (“BAP”) of the United States Court of Appeals for the Ninth Circuit is causing…

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The Best Of Both Worlds: Can A Secured Creditor Get A Section 503(b)(9) “20 Day Goods” Administrative Claim Too?

Bob Eisenbach — Mon, 24 Sep 2007 03:26:43 +0000

In a decision from August 17, 2007, just released for publication, the Ninth Circuit’s Bankruptcy Appellate Panel (BAP) faced a previously unanswered question under Section 503(b)(9) of the Bankruptcy Code, the section enacted as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (known as BAPCPA). Is a Section 503(b)(9) administrative claim available to secured creditors…

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New Case Addresses Whether A Security Interest In A Patent Can Be Perfected With Just A PTO Filing

Bob Eisenbach — Thu, 28 Jun 2007 03:29:06 +0000

When a debtor grants a security interest in a patent issued by the U.S. Patent and Trademark Office (PTO), the creditor must take steps to perfect that security interest. Given that the PTO issues patents but the Uniform Commercial Code (UCC) generally governs perfection of security interests, creditors have often filed both a UCC-1 financing statement and made a filing in the PTO to cover all the…

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