A Primer for Secured Lessors on the Use of Bankruptcy Code Section 365(d)(10)

A recent decision of the U.S. Bankruptcy Court for the District of Connecticut, <i>In re Circuit-Wise, Inc.,</i> 277 B.R. 460 (Bankr. D. Conn.), attempts to clarify the rights of secured equipment lessors under Section 365(d)(10) of the Bankruptcy Code and suggests two mechanisms for ensuring that those rights are quickly and fairly addressed. However, the Bankruptcy Court may have unfairly denied the lessor, Wells Fargo Equipment Finance, Inc. ('Wells Fargo'), the prompt relief it deserved. Even if the Bankruptcy Court properly deferred whatever relief Wells Fargo was entitled to, the court's suggested methods for ultimately providing that relief were at least, in part, impractical.

21 minute read September 10, 2003 at 01:26 AM

By

Jeffrey N. Rich And Robert N. Michaelson