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Strategies for Lenders

It has become conventional wisdom that bankruptcy -- even Chapter 11 -- is now largely a process controlled by secured lenders. Whatever the merits of this view, the undersecured lender is still in an unenviable position as a result of the Supreme Court's holding in <i>Timbers</i> that undersecured creditors who are stayed from foreclosing on their collateral during bankruptcy are not entitled to accrue or collect interest on their claims during the bankruptcy case or otherwise be compensated for their loss.

23 minute read June 25, 2004 at 08:35 AM
By
Lynn M. LoPucki and Christopher R. Mirick
Strategies for Lenders

It has become conventional wisdom that bankruptcy — even Chapter 11 — is now largely a process controlled by secured lenders. See, eg, Skeel DA Jr.: Creditors' Ball: The “New” New Corporate Governance in Chapter 11. 152 U. Pa.

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