No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)

Click here for Part I

Click here for Part II

Part III - Description of Collateral

Introduction

The . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

moran_cathy
December 19, 2021
Bankruptcy lawyers regularly evaluate the dischargeability of taxes when deciding when to file a client’s bankruptcy case. At base, the 3 year rule, the 2 year rule, and the 240 day rule routinely drive timing of a bankruptcy. But as we approach the end of the tax year, a client’s current year tax situation becomes another moving part in the...
Members
William-1_print_2019
Selected Consumer Opinions Since January 1, 2022 Automatic Stay Denial of stay relief was final and appealable, although it was “without prejudice.”Deciding an issue not addressed in Ritzen Grp., Inc. v. Jackson Masonry, LLC, 140 S.Ct. 582 (2020), the Ninth Circuit concluded that the bankruptcy court’s order denying stay relief was final and appealable, despite its “without prejudice” language, because...
Members
October 3, 2021
By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) The History of Escrow Treatment in Bankruptcy Prior to 2008 Unfortunately, the case law in this area is sparse. The earliest reported case I found discussing a mortgage servicer’s obligations with respect to escrow accounts after the filing of a bankruptcy case was McCormack v. Federal Home Loan...
Members
__ head shot
May 21, 2023
Chapter 13 plans and confirmation orders will occasionally include post-confirmation disclosure and turnover requirements for tax returns and refunds and for other types of post-petition recoveries and income. Debtors are expected, on their own and without the need for rigorous trustee oversight, to fulfill the turnover requirements as a condition of plan completion and discharge. What happens when the case...
Members
November 15, 2020
Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Appendix B Adjustments to Means Test Amounts (Cases Filed On or After November 1, 2020) The tables on the following page provide median family income adjustments reproduced in a format designed for ease of use in completing Bankruptcy Forms 122A-1 and 122C-1. STATE 1 EARNER FAMILY SIZE 2 PEOPLE 3 PEOPLE...
Members
Copy of Hildebrand-2016
December 11, 2022
A Chapter 13 plan can be confirmed to pay a 100% dividend to unsecured creditors while maintaining payments to a student loan creditor as a long-term debt (which will not satisfy the student loan in the commitment period) without committing all available disposable income. (Mullin) In re Victoria Florita Durand-Day, 2022 WL 14938726 (Bankr. N.D. Tex. October 26, 2022) Case...
Members
November 22, 2020
By M. Jonathan Hayes We are now eight months into the Small Business Reorganization Act of 2019, which took effect in February. The act attempted to establish a cheaper, quicker route for small businesses to reorganize under new Subchapter V of the bankruptcy code. Here are a few of my observations over the past several months. First, some small businesses...
March 21, 2021
By Cathy Moran, Esq. (Redwood City, CA) No matter how many hoops the client dutifully jumped through, without adequate inquiry and communication, the bankruptcy attorney was slammed for unbundling his services. The representation agreement at issue excluded representation in any adversary proceeding filed, as do most such agreements, I imagine. The client initialed every paragraph of the 19-paged representation agreement,...
Members
October 24, 2021
By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA) My guess is you initially saw the title of this article and promptly pressed right on past it. Who needs to learn how to properly address an envelope? You didn’t spend three years in law school plus all that money in student loans to address an envelope! But, If the purpose of...
Members
December 20, 2020
By Robert S. Thomas, II,1 Chapter 13 Standing Trustee for the District of Maryland (Baltimore) All stakeholders strive to make the Chapter 13 program efficient and beneficial to all parties. The Chapter 13 program has evolved over the years to better serve debtors and creditors. This is due in part because of the remarkable actions taken daily by our Bankruptcy...