2001: a code odyssey (new dawn for the Article 9 secured creditor)

Article Abstract:

The revisions to Article 9 of the Uniform Commercial Code are discussed. The changes will simplify the process by which secured creditors can protect themselves from creditors' bankruptcies.

California, Practice

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Who gets the goodies: what happens to the enhancement of the secured parties' collateral post-petition?

Article Abstract:

The enhanced value of postpetition collateral in bankruptcy proceedings can be allocated to or reserved for other creditors. The bankruptcy estate should be allowed to share in this enhanced value, given the logic of those courts which have limited secured creditors' allowable claims to the amounts available prior to the bankruptcy filing date. Collateral can be enhanced through a variety of postpetition factors including market forces, the economic effects of exercising bankruptcy powers, or the use of particular valuation methods.

Bankruptcy Law, Other Justice, Public Order, and Safety Activities, Interpretation and construction, Valuation, Bankruptcy estates

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Is revised article 9 a little greedy?

Article Abstract:

Changes to the Uniform Commercial Code article 9, with its focus on secured transactions and prioritizing rules for creditors, are examined.

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