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Dirt for Debt, Valuation Issues and the Indubitable Equivalent
In order to confirm a plan under chapter 11 of the Bankruptcy Code, a debtor must satisfy the requirements of 11 U.S.C.
The § 1111(b) Election: Overview, Considerations and Unique Issues in Subchapter V
Under § 506(a)(1) of the Bankruptcy Code, a secured creditor’s claim is secured only to the extent of the collateral’s value. Any amount over that value is bifurcated into a separate unsecured claim [1].
ABI Secured Credit Committee: 2023 Year in Review
We can hardly believe that 2023 is coming to an end.
This year, the Secured Credit Committee has been involved with programming for ABI’s conferences. The Secured Credit Committee co-sponsored a session at the ABI’s 2023 Annual Spring Meeting with the Commercial Fraud Committee titled, “Oh No, We Have a Fraud — What Now?” This panel — comprised of lawyers in private practice and consultants that serve as CROs and trustees, as well as a U.S. Trustee — compared and contrasted the roles of various fiduciaries when there is evidence of fraud in a bankruptcy case.
Dealing with Digital Assets
This panel will delve into issues involving digital accounts, cryptocurrency and NFTs, including how to getsecured and perfected, how to liquidate, and bankruptcy-specific considerations. The panelists also will discuss UCC Article 12 and its impact on the digital-asset world for secured parties, and help practitioners better understand the considerations and issues they should be spotting when advising their constituents on dealing with digital assets.
Challenges Facing Secured Creditors in Asset Sales
This panel will focus on covering lenders’ perspectives on chapter 11 strategy and options, such as note sales, out-of-court restructurings or formal bankruptcy sales, and will discuss lenders’ and borrowers’ perspectives on regulatory challenges and procedural issues, such as anti-trust and environmental concerns, that are sometimes raised during a bankruptcy case, as well as issues with § 363 sales, DIP milestones and restructuring support agreements.
Secured Credit Rights in Insurance Policies for Commercial Real Estate
California faces a common, unfortunate and alarming reality: wildfires. So far in 2022, California has faced approximately 6,739 fires covering almost 365,895 acres. [1] Beyond and often as a consequence of damaging property, land and wilderness, wildfires can also lead to bankruptcy. One California fire did lead to bankruptcy, and it poses complex questions surrounding the rights of secured creditors in insurance policies for commercial real estate.
NFT-Secured Lending in the Metaverse
Though hints of a digital reality first surfaced as early as 2003 when Second Life made its debut, Facebook’s fall 2021 rebranding — to “Meta” — brought the metaverse to the center stage. That Facebook CEO Mark Zuckerberg would go so far as to change the iconic name of our favorite friend-finding app surely signaled a sense of inevitability that the metaverse would soon pervade our lives.