Cash Collateral, the Hanging Paragraph, and Trustee Liability

By Katherine Iskin, Staff Attorney for Debra Miller, South Bend and Fort Wayne, IN

To an outsider, bankruptcy can be a confusing and vulnerable legal quagmire. To a knowledgeable practitioner, it can be a powerful tool to help financially distressed individuals achieve their financial goals. To the Trustee, it is a mechanism to assist Debtors in getting their financial life back on track, while ensuring that all creditors are properly provided for and the Bankruptcy Code is upheld. One of the more challenging or beneficial areas of bankruptcy, depending upon your perspective, is the determination of secured status . . .

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