Uniform Commercial Code/Article 9

A Mortgage Deficiency Judgment Is a Judicial Lien Subject to Avoidance Under § 522(f)

A deficiency judgment resulting from mortgage foreclosure is not ‘a judgment arising out of a mortgage foreclosure’ and can be avoided as a judgment lien.

A Consensual Judgment Is a Judgment Lien Subject to Avoidance Under Section 522(f)

‘Obtained by’ legal proceedings, a consent judgment is still a judgment lien that can be avoided if it impairs an exemption.

Remote Control: Not Just for Toys Anymore

A Lender Can’t Have a Lien on Avoidance Actions, Judge Thad Collins Says

The Eighth Circuit had held that a debtor has an ‘inchoate’ property interest in avoidance actions before bankruptcy, but Judge Collins ruled that a lender can’t have a lien.

Distressed Commercial Real Estate and UCRERA

The Final Frontier: Creditors’ Recovery of Assets in Outer Space

Oct 2024

Bankruptcy Alternatives

How Secure Are Cannabis Creditors? An Analysis of Securitizing Licenses

Sept 2024

Alternatives to bankruptcy filings

Session will identify options to bankruptcy for struggling companies and explain why certain alternatives should be considered and in certain instances utilized. Many bankruptcy practioners are not familiar with non-bankruptcy options such as ABCs and UCC sales which in many instances are far superior to the bankruptcy option.

This session will educate the practitioner so that that individual can provide proper advice and representation for the struggling business client. Business Suggested Speakers Randy Nussbaum randy.nussbaum@sackstierney.com Sacks Tierney Scottsdale

Abolishing the “Freeze Rule” for Secured Creditors

May 2024