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Putting a period to a dot com* ( January 1999 )
What can you/should you do when it becomes obvious that your start up should wind down? For the entrepreneur, winding down an insolvent company is a challenge: honor the legal rights of creditors while minimizing the damage to the founders and employees -
Supreme Court Resolves Issue Of Standing under Bankruptcy Code Section 506(c) ( July 2000 )
This article summarizes Hartford Underwriters Insurance Company v. Union Planters Bank whereby the Supreme Court resolved the standing issue by holding that non-trustee third parties do not have standing under section 506(c) of the Bankruptcy Code to surcharge a lien holder's collateral. -
Bankruptcy and the Secured Creditor ( June 2000 )
This article discusses the effect of bankruptcy on secured claims. In particular, the author reviews the impact of an automatic stay, the debtor's valuation of secured claims, the Chapter 11 confirmation process and the right of lessons and lessees. -
Eighth Circuit Holds Only Trustee Can Surcharge Collateral Under Section 506(c) ( September 1999 )
This article examines the Eighth Circuit Court of Appeals' ruling in Hartford Underwriters Insurance Company v. Magna Bank. -
Secured Creditor Surcharged For Agreeing To Debtor's Continued Operation ( September 1999 )
If an Eighth Circuit decision remains good law, creditors may lose some of their collateral in a debtor's . -
Brave New World: Indonesia's New Bankruptcy Law ( June 1999 )
On April 22, 1998, a new era in Indonesian lawmaking was initiated with the signing by President Soeharto of Gover. -
Eighth Circuit: Secured Creditor's Collateral can be Surcharged to Pay for Chapter 11 Administrative Expenses ( October 1998 )
A Chapter 11 debtor's post-bankruptcy workers' compensation premiums can be surcharged against a secured creditor's. -
The Enforcement of Indonesian Security Interests ( October 1998 )
This memorandum will provide a brief description of the procedures whereby a creditor may pursue the enforcement o. -
Secured Creditors Seeking a Deficiency Judgement Must Plead Notice ( August 1998 )
Texron Fin. Corp. v. Trailiner Corp., 965 S.W.2d 426 (Mo. Ct. App. S.D. Div.2 3/20/98). SECURED CREDITORS SEEKING A.
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