The Southern California Bankruptcy Law Blog, published by the Law Offices of Nicholas Gebelt, focuses on various aspects of bankruptcy law relevant to both individual and business debtors and creditors. It covers topics such as Chapter 7, 11, and 13 bankruptcies, Subchapter V cases, bankruptcy litigation, lien avoidance and valuation, cash collateral usage, and tax debt relief. The blog discusses procedural and substantive issues in bankruptcy cases, including plan confirmation, creditor rights, interest on claims, and exemptions. It also addresses practical considerations like motions to use cash collateral and strategies for handling secured and unsecured claims in bankruptcy proceedings.
Some creditors are not entitled to postpetition interest on their claims. For example, general unsecured creditors typically don’t get postpetition interest pursuant to 11 U.S.C. § 502(b)(2).
Other creditors are entitled to postpetition interest.
I. Interest On Unsecured Priority Taxes…
What is cash collateral? Perhaps the best starting point to understanding the concept is with a relatively common example. Suppose the debtor has a rental property encumbered by a mortgage. The note undoubtedly has an assignment of rents provision. This…
This post assumes familiarity with my last post (part 1) of this multi-part series. Thus, while you can certainly read this post without reading that previous one, you’ll get more out of it if you read that post…
This is the first of a four part series on lien avoidance. I developed these notes for a presentation I gave to the Central District Consumer Bankruptcy Attorney’s Association, Los Angeles, California.
A lien is a claim or legal right…
IV. The Constitutional Problem With A § 706(b) Motion
I thank Daniel Press, an attorney practicing in Virginia, Washington, DC, and Maryland, for giving me his notes, which served as an afflatus for some of today’s post.
A. Historical Background…
There is an alarming trend facing us, and it is not the latest teen-age fashions. It is the filing of motions pursuant to 11 U.S.C. § 706(b), to convert individual nonconsumer Chapter 7 cases to Chapter 11.
Because the…
