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Hot Topics for Lenders and Secured Creditors Part 1
Business Law Section; Insolvency Law Committee
Credit(s):
1 Legal Specialization in Bankruptcy Law
1 Participatory MCLE Credits
Recent case law developments important to lenders and secured creditors including:
Avoidance of security interests and/or loss of lien priority when a UCC-1 Financing Statement fails to include the correct debtor’s name
Procedures for addressing notification and utilization of homeowner’s assistance funds in bankruptcy proceedings
Discussion regarding Milestone Financial, LLC v. Moon, (In re Moon), 648 B.R. 73 (B.A.P. 9th Cir. 2023), the Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) recently affirmed a bankruptcy court decision which had concluded that: (1) a forbearance agreement was usurious and not exempted from usury just because the orginal loan might have been exempt and (2) the creditor was entitled to post-maturity interest on the loan under California law
Overview of the recent amendments to the Federal Rules of Bankruptcy Procedure that became effective on December 1, 2022
1 Legal Specialization in Bankruptcy Law
1 Participatory MCLE Credits
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