Lien Stripping in Chapter 11 Bankruptcy Cases: Lessons for Secured Creditors
Guidance for Secured Creditors on Lien Ride-Throughs After In re N. New Eng. Tel. Operations
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss the concept of lien-stripping of a secured lienholder’s interest in situations where a secured creditor does not participate in a Chapter 11 bankruptcy case, and the recent Second Circuit decision in In re N. New Eng. Tel. Operations.
- What is a properly perfected lien? What types of liens exist?
- Discussion of Dewsnup v. Timm
- Cases interpreting pass-through and interpreting Dewsnup v. Timm
- Section 1141(c) and its legislative history
- In re N. New Eng. Tel. Operations and its aftermath.
- What constitutes “participation” as indicated in In re N. New Eng. Tel. Operations?
The panel will review these and other key issues:
- What is a properly perfected lien and what types of liens exist?
- How have courts interpreted Section 1141(c) regarding extinguishing liens through plan confirmation?
- What guidance did the Second Circuit provide for treating lienholders whose lien was contemplated to be extinguished under a plan and failed to actively participate in the bankruptcy case?
Marc E. Hirschfield
Mr. Hirschfield is an experienced practitioner in all aspects of insolvency and reorganization law. He regularly... | Read More
Mr. Hirschfield is an experienced practitioner in all aspects of insolvency and reorganization law. He regularly represents debtors, creditors' committees, debtor-in-possession lenders, and secured and unsecured creditors and acquirers of assets, in both out-of-court workouts and bankruptcy cases. His expertise extends beyond the United States to cross-border insolvency cases in various jurisdictions.Close
Mr. Skapof is experienced in all aspects of insolvency and reorganization matters. He regularly represents receivers,... | Read More
Mr. Skapof is experienced in all aspects of insolvency and reorganization matters. He regularly represents receivers, trustees, debtors, creditors’ committees, secured and unsecured creditors, bondholder groups, DIP and exit lenders, and acquirers of assets in both out-of-court restructurings or chapter 11 cases. Mr. Skapof has experience in the retail, commercial real estate, utilities, energy and healthcare sectors.Close
Mr. Klidonas is a bankruptcy attorney who focuses his practice on financial restructurings, insolvency, and... | Read More
Mr. Klidonas is a bankruptcy attorney who focuses his practice on financial restructurings, insolvency, and debtors' and creditors' rights. George's well-rounded practice has him working on matters ranging from out-of-court restructurings to representing debtors, trustees, and creditors in various bankruptcy cases.Close