Bankruptcy Section 506(c) Surcharge on Secured Collateral
Seeking or Defeating Recovery of Expenses for Preserving or Disposing of Collateral
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide counsel with an understanding of the scope and application of Section 506(c) allowing the debtor or trustee to recover from the secured lender costs and expenses of preserving/disposing of the estate’s asset. The panel will explain surcharge on collateral, the debtor’s burden under 506(c) and recent case law, and outline best practices for secured lenders to defeat a surcharge motion.
- Overview of Section 506(c) surcharge on collateral
- Scope of Section 506(c) and the debtor or trustee’s burden of proof
- Recent case law
- Best practices for defeating a surcharge motion
The panel will review these and other key questions:
- What risks do the debtor’s professionals face in receiving compensation for its services in assisting the debtor in disposing of the estate property?
- How have courts interpreted the scope of Section 506(c) and what the debtor or trustee much demonstrate to obtain a surcharge on collateral?
- What measures can secured creditors take to minimize risk of surcharge?
- Should secured creditors seek 506(c) waivers in financing orders and what will courts look at in determining the enforceability of such waivers?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Ms. Hayden has over 30 years of experience in handling bankruptcy and insolvency matters. Her practice is focused on... | Read More
Ms. Hayden has over 30 years of experience in handling bankruptcy and insolvency matters. Her practice is focused on assisting clients with reorganizations under Chapter 11 of the U.S. Bankruptcy Code, and she has represented creditors and debtors in mass tort bankruptcies. She represents trustees, debtors-in-possession, committees and creditors in a broad spectrum of industries including manufacturing, real estate, hotels, and several others.Close
Mr. Lindner concentrates his practice in bankruptcy and general commercial litigation matters. He helps financial... | Read More
Mr. Lindner concentrates his practice in bankruptcy and general commercial litigation matters. He helps financial institutions to recover and restructure loans, including commercial loans for CMBS servicers and individual loans for residential mortgage servicers. Mr. Lindner also represents secured and unsecured creditors in bankruptcy courts across the U.S. in contested matters and adversary proceedings.Close