Section 501(c)

"I'll Sit This One Out" - Fifth Circuit Permits Secured Creditor to Disregard Chapter 11 Case

08/28/13

A few weeks ago in In re S. White Transportation, the U.S. Court of Appeals for the Fifth Circuit permitted a secured creditor that had indisputably received notice of the debtor’s chapter 11 case, but took no steps to protect its interests until after the confirmation of the debtor’s plan, to continue to assert a lien against the debtor’s property post-confirmation. 

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“I’ll Sit This One Out” – Fifth Circuit Permits Secured Creditor to Disregard Chapter 11 Case

08/28/13

A few weeks ago in In re S. White Transportation, the U.S. Court of Appeals for the Fifth Circuit permitted a secured creditor that had indisputably received notice of the debtor’s chapter 11 case, but took no steps to protect its interests until after the confirmation of the debtor’s plan, to continue to assert a lien against the debtor’s property post-confirmation. 

[more]