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ABI Journal

326

How to Liquidate a Secured Lender’s Collateral and Still Get Paid

To liquidate an underwater lender’s collateral, there must be a carveout giving unsecured creditors a ‘meaningful distribution.’

Bankruptcy Courts Disagree on Paying a ‘7’ Trustee Who Made No Distributions

Courts are split on whether chapter 7 trustees can be paid on another theory when the trustee had made no distributions to creditors under Section 326(a).

Forcing Sale of a Debtor’s Milk Quota Is No Stay Violation, First Circuit Says, Reversing District Court

The First Circuit applied the ‘collateral order doctrine’ to allow an appeal by the government when a private party would be stuck with a nonappealable, interlocutory order.

Trustees’ Commissions Are Based on Distributions Made to Co-Owners of Property Sold

Bankruptcy courts are divided on whether the calculation of a trustee’s commissions includes distributions made to co-owners of property that the trustee has sold.