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Oversecured Creditor

Avoid Leaving Money on the Table: Potential Traps for Over-Secured Creditors Under Section 506(b)

While it is the exception rather than the rule, creditors in some bankruptcy cases find themselves in an over-secured position.  Those creditors are privileged because, under Section 506(b) of the Bankruptcy Code, an over-secured creditor is entitled to recover post-petition interest payments and attorneys’ fees.[1] But even though an over-secured creditor may be statutorily eligible […]


Dealing With Distress For Fun & Profit – Installment #9 – Secured Creditors & Chapter 11

A written tour of business bankruptcy and its alternatives Our prior installment discussed some of the basic things a secured creditor needs to know about Chapter 11. The automatic stay was one of them.  But, since we like to keep these things short (on the presumption that others also have short attention spans) we didn’t […]


Dealing With Distress For Fun & Profit – Installment #2 – Bankruptcy Parties

A written tour of business bankruptcy and its alternatives A typical commercial litigation case involves a judge, a plaintiff, and a defendant. A typical commercial bankruptcy case also has a judge, but that’s about where the similarities stop. A typical commercial litigation case, you see, is a two-party dispute. A typical commercial bankruptcy case is anything […]


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