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Bankruptcy and the Secured Creditor

timothymccandless.wordpress.com | April 28, 2015

In the last few years there have been a number of widely publicized bankruptcies such as Eastern Airlines and Macy’s. In North Carolina we have seen Brendle’s, Piece Goods and Roses Department Stores file for bankruptcy protection. From 1984 to 1991, the bankruptcy filings throughout North Carolina reflected a 40% increase. Of those filings, approximately 25-30% were Chapter 7 liquidations, 70-75% were Chapter 13 wage-earner reorganizations, and the rest were either Chapter 11 reorganizations or Chapter 12 farmer reorganizations.

This manuscript will discuss the effect of bankruptcy on secured claims. Addressed will be the impact of the automatic stay, the need for adequate protection, the debtor’s valuation of secured claims, the Chapter 11 confirmation process, the trustee’s avoidance powers, the rights of lessors and lessees, the debtor’s use of cash collateral and the debtor’s use, sale or lease of property.

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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager

 

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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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