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Financing Bankruptcy Court

Lathrop GPM

Utah Bankruptcy Court Applies “Freeze Rule” to Preserve Secured Creditor’s Lien Priority When Financing Statement Lapses...

Lathrop GPM on

Pursuant to Uniform Commercial Code (UCC) § 9-515(c), a UCC-1 financing statement filed to perfect a secured party’s lien on personal property collateral lapses five years from the filing date unless the secured creditor...more

Pillsbury Winthrop Shaw Pittman LLP

Lenders Beware: The Ponzi Scheme Presumption Can Trap an Unwitting Lender

A recent Ninth Circuit Court decision highlights a risk for lenders caught up in a Ponzi scheme. In its recent EPD Investment decision, the Ninth Circuit reaffirmed that (as a matter of law) upon finding the existence of a...more

Ward and Smith, P.A.

The Perils of Over-Lawyering in Bankruptcy

Ward and Smith, P.A. on

For a lender in bankruptcy, the best situation is to be an over-secured creditor, meaning the value of your collateral exceeds your debt.  A creditor in this exalted category can recover principal, interest (including...more

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