Bankruptcy and Secured Creditor Priority: Identifying, Resolving, or Avoiding Hidden and Springing Liens
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will offer bankruptcy counsel best strategies for establishing a rigorous methodology for identifying and resolving hidden and springing liens encumbering their collateral. The program will review types of hidden and springing liens, Bankruptcy Code provisions that allow post-petition perfection and priming of liens, and strategies for protecting secured interests before their liens are diluted or destroyed.
- Problem of hidden liens
- Types of hidden liens and how to identify them
- Non-UCC recorded liens
- Tax liens
- Mechanics and materialman's liens
- Agricultural and livestock liens
- Recent case law
- Creditors strategies for challenging and removing liens
The panel will review these and other essential issues:
- What are the most overlooked types of hidden or springing liens?
- What law governs whether such liens exist?
- Does the automatic stay prevent hidden liens?
- What are best strategies for uncovering hidden liens?
- What protections from hidden liens are available under Section 363?
Ira L. Herman
Mr. Herman concentrates his practice on distressed public debt issues, insolvency matters involving upstream and... | Read More
Mr. Herman concentrates his practice on distressed public debt issues, insolvency matters involving upstream and midstream oil and gas companies, and distressed M&A, in addition to traditional bankruptcy and insolvency matters. He regularly advises lenders on the management of bankruptcy risk in their transactions; indenture trustees regarding defaulted public debt issues; and lenders regarding restructuring and bankruptcy. Additionally, Mr. Herman provides services on the debtors’ side, counseling financially distressed entities and their management on restructuring challenges pertaining to corporate governance issues.Close
Brandy A. Sargent
Ms. Sargent represents debtors, lenders, vendors, purchasers, and official and unofficial committees in a variety of... | Read More
Ms. Sargent represents debtors, lenders, vendors, purchasers, and official and unofficial committees in a variety of commercial and agricultural bankruptcy, workout, and litigation matters. She has significant experience representing vendors, customers, and other contract counterparties in complex payment, performance, and contract compliance issues arising in bankruptcy and insolvency matters. Ms. Sargent regularly advises clients regarding supply chain disruptions arising in bankruptcy and insolvency cases. In addition, she has specific experience advising clients regarding consignment agreements, purchase money security interests, and warehouse and transportation liens. In agribusiness insolvency matters, Ms. Sargent assists clients with unique issues arising under the Perishable Agricultural Commodities Act (PACA), Food Security Act (FSA), state agricultural lien statutes, and cooperative member and marketing agreements.Close
Rick A. Steinberg
Price Meese Shulman & D’Arminio
Mr. Steinberg specializes in the representation of transportation and logistics companies in maritime, bankruptcy and... | Read More
Mr. Steinberg specializes in the representation of transportation and logistics companies in maritime, bankruptcy and commercial litigation matters in federal and state court, including representation of vessel operating common carriers and non-vessel operating common carriers. He has been designated a Proctor in Admiralty by the Maritime Law Association of the United States, the highest designation of expertise in maritime law recognized by the leading maritime law organization in the country.Close