Bankruptcy

Bankruptcy

Can a Plan of Reorganization Separately Classify a Claim That Is Personally Guaranteed?

Recently, we’ve been seeing debtors try to confirm cram down plans of reorganization that are unfavorable to the secured creditor by “gerrymandering” the class of unsecured claims. The typical situation finds the secured creditor holding an undersecured loan. Under Section 506(a) of the Bankruptcy Code, the secured creditor’s claim is automatically bifurcated into a secured […]

Bankruptcy

Business Law News: Article 9 Foreclosure Sales: A Unique Approach/Safe Harbor? (2012)

Barry Freeman’s article, “Article 9 Foreclosure Sales: A Unique Approach/Safe Harbor?” was republished in Issue 3 2012 of Business Law News, a publication of The Sate Bar of California. This article was first published in the June 2012 issue of The Secured Lender, a publication of the Commercial Finance Association. Download “Article 9 Foreclosure Sales: A Unique Approach/Safe Harbor?”

Bankruptcy

The Secured Lender: Article 9 Foreclosure Sales: A Unique Approach/Safe Harbor?

Barry Freeman’s article, “Article 9 Foreclosure Sales: A Unique Approach/Safe Harbor?” was published in the June 2012 issue of The Secured Lender, a publication of the Commercial Finance Association. The article was also republished in Issue 3 2012 of Business Law News, a publication of The Sate Bar of California. Download “Article 9 Foreclosure Sales: A Unique Approach/Safe […]

Bankruptcy

Venture Beat: Is your startup failing? Here's how to exit gracefully

Not every startup succeeds. Most persistent entrepreneurs eventually find themselves with a business that is failing or going nowhere. There’s lots of advice about starting a new business and navigating a great exit. People don’t like to talk about less successful endings. In the article, Is your startup failing? Here’s how to exit gracefully, Ben […]

Bankruptcy

Why It Is Important For A Lender To File A Proof Of Claim

Unless you are a specialized lender who makes loans to debtors-in-possession, you do not make a loan with the expectation that your borrower is going to file bankruptcy. Although the number of bankruptcy filings in California and nationally is trending slightly lower, filings remain at higher than normal levels. Nearly every lender has received the […]