Category: Secured Claims

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Dewsnup Lives On: Debtors May Not Strip Underwater Junior Liens

On Monday, June 1, 2015, the Supreme Court of the United States issued its opinion in Bank of America v. Caulkett, a closely watched matter concerning whether Section 506(d) of the Bankruptcy Code permits junior lien stripping in the context of Chapter 7 bankruptcy.  Addressing two consolidated cases, Justice Clarence Thomas—writing for a virtually unanimous … Continue Reading

Valuing Assets in Chapter 11 – A Moving Target

A recent decision out of the First Circuit Court of Appeals illustrates the importance of the value of the collateral of creditors with fulcrum security, as that value relates to creditors’ rights to pendency interest. In re SW Boston Hotel Venture, LLC, et al. involved a failed construction project by SW Boston Hotel Venture, LLC … Continue Reading
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