The Bankruptcy Code ensures that while a secured creditor’s rights are preserved and given first payment priority, those rights are only protected to the extent the claim does not exceed the value of the collateral subject to the secured creditor’s lien.
But that core principle encompasses a host of other complications in a bankruptcy proceeding, including such complex matters as valuation, whether a lien is voluntary or involuntary, and even the very definition of a secured claim.
How Secure Are You? Secured Creditors in Commercial and Consumer Bankruptcies provides practitioners with in-depth analysis of the most common concerns in secured claims disputes, including citation to important caselaw. This indispensable guide is a must-read for anyone whose work involves secured creditor claims.