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    Funds ‘earmarked’ for bondholders not property of the estate and not subject to avoidance
    2010-12-01

    Cooper v Centar Investments LTD, et al. (In re Trigem America Corporation), 431 B.R. 855 (C.D. Cal. 2010)

    CASE SNAPSHOT

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bond (finance), Debtor, Fraud, Accounts receivable, Interest, Swap (finance), Stock exchange, Convertible bonds, Ninth Circuit
    Authors:
    Christopher O. Rivas
    Location:
    USA
    Firm:
    Reed Smith LLP
    Make sure that bankruptcy debtors have court authority to use cash collateral
    2011-04-01

    A recent bankruptcy case merits the attention of credit managers and others involved in credit decisions. To avoid credit risk when dealing with a chapter 11 debtor in possession, you must verify that the debtor has court authority to use cash collateral prior to shipping or accepting payment.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Calfee Halter & Griswold LLP, Bankruptcy, Debtor, Collateral (finance), Accounts receivable, Consent, Credit risk, Liquidation, Secured creditor, Debtor in possession, United States bankruptcy court, Eleventh Circuit
    Authors:
    James M. Lawniczak , Thomas A. Cicarella , Jean R. Robertson
    Location:
    USA
    Firm:
    Calfee Halter & Griswold LLP
    Did you ever hear of a floating lease?
    2014-11-12

    Most lawyers are generally familiar with the concept of a floating lien under the Uniform Commercial Code. A secured creditor takes a lien in a collateral category that changes from time to time as items are added or subtracted. A common example is a working capital loan, in which financed inventory is produced and sold, then becoming an account, which is collected to provide the funds to produce new inventory.  A secured creditor may perfect a lien in the changing mass of inventory and receivables, as each category exists from time to time.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Collateral (finance), Accounts receivable, Secured creditor, Uniform Commercial Code (USA)
    Authors:
    G. Christopher Meyer
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Fourth Circuit reestablishes subcontractors’ right to perfect liens after bankruptcy filing
    2014-06-19

    The Fourth Circuit Court of Appeals recently ruled in the case of In re Construction Supervision Services that the property interest underlying a subcontractor’s lien on funds arises from the date it first furnishes labor or materials to a construction project.  The timing of when an interest in property arises is critical as it could allow, as it did here, a subcontractor to prime a lender’s perfected lien on accounts receivable when notice was not served until after the debtor filed bankruptcy.  This alert briefly describes the decision’s impact on the constru

    Filed under:
    USA, Construction, Insolvency & Restructuring, Litigation, Poyner Spruill LLP, Accounts receivable, Subcontractor, Fourth Circuit
    Authors:
    Christopher H. Roede , Richard A. Prosser
    Location:
    USA
    Firm:
    Poyner Spruill LLP
    Credit risks and bankruptcy exposure: the importance of implementing mitigation strategies and understanding your rights in bankruptcy
    2014-06-10

    The recent Chapter 11 bankruptcy filing by James River Coal was the latest reminder that mining companies continue to face unique and myriad challenges. Several factors, including the depressed global economy, tougher environmental rules and enforcement, funding and liquidity challenges, and market volatility, are causing industry-wide stress, particularly for coal companies. Trade press and pundits suggest that more mining company bankruptcies may be on the horizon.

    Filed under:
    USA, Insolvency & Restructuring, Crowell & Moring LLP, Bankruptcy, Credit (finance), Accounts receivable, Market liquidity
    Location:
    USA
    Firm:
    Crowell & Moring LLP
    Sixth Circuit Court of Appeals rules that collateral proceeds do not include accounts
    2013-11-12

    The US Court of Appeals for the Sixth Circuit has ruled that a lender’s security interest in accounts was not perfected because a reference to “proceeds” in the lender’s UCC financing statement did not expressly refer to “accounts.” The Sixth Circuit surprisingly interpreted the definition of “proceeds”1 in Article 9 of the Uniform Commercial Code to exclude “accounts”2 (despite and without reference to provisions of UCC Article 9 to the contrary).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Mayer Brown, Debtor, Collateral (finance), Accounts receivable, Uniform Commercial Code (USA), Sixth Circuit
    Authors:
    John F. Lawlor , Kevin C. McDonald , Craig E. Reimer
    Location:
    USA
    Firm:
    Mayer Brown
    Commercial financial services brief: inappropriate termination statements continue to haunt secured parties
    2013-03-25

    Those who practice in the secured transactions arena, and our clients, understand the importance of filing financing statements and continuing them on a regular basis. Failure to maintain perfection of a security interest can be disastrous to a secured lender in the case of a bankruptcy case involving its borrower. Financing statements can, however, sometimes be mistakenly terminated. Two recent cases illustrate the issues which may arise when a financing statement is inadvertently terminated.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Lathrop GPM, Bankruptcy, Debtor, Collateral (finance), Accounts receivable, Line of credit
    Authors:
    Phillip L. Kunkel
    Location:
    USA
    Firm:
    Lathrop GPM
    Greens fees not ‘rents, proceeds or profits’ of blanket lien, and not cash collateral
    2013-02-18

    In re Premier Golf Properties, L.P., BAP No. SC- 11-1508-HPaJu (9th Cir. BAP, Aug. 13, 2012)

    CASE SNAPSHOT

    The Ninth Circuit B.A.P. affirmed the bankruptcy court decision that post-petition income from greens fees and driving range fees were not “rents, proceeds, or profits” of the secured lender’s pre-petition blanket security interest on all real and personal property (and “all proceeds thereof”) within the meaning of section 552(b), and thus were not cash collateral.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Collateral (finance), Accounts receivable, Debtor in possession, Ninth Circuit, United States bankruptcy court
    Authors:
    Alison Wickizer Toepp
    Location:
    USA
    Firm:
    Reed Smith LLP
    Prepetition post-default rents: who gets the cash – Round 2?
    2013-01-03

    In re Prospect Studios, L.P.,478 B.R. 367 (Bankr. W.D. Mo. 2012) –

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Accounts receivable, Interest, Default (finance)
    Location:
    USA
    Firm:
    Troutman Pepper
    “An intentionally tough law”: employment rights lost by “responsibly connected” individuals when their PACA-licensed companies became insolvent
    2012-10-06

    The Perishable Agricultural Commodities Act of 1930 (“PACA”)1 is deservedly renowned for its provisions creating a statutory trust on sold perishable commodities, and the products and revenues thereof. See 7 U.S.C. §499e. The PACA statutory trust can have dramatic consequences in the cases of bankrupt produce buyers; produce sellers often are paid in full, ahead of secured creditors holding liens on all inventory and accounts receivable. That is a story often told.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Davis Wright Tremaine LLP, Bankruptcy, Shareholder, Accounts receivable, Commodity, US Department of Agriculture
    Authors:
    Craig Miller , Peter Isola
    Location:
    USA
    Firm:
    Davis Wright Tremaine LLP

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