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Secured vs Unsecured Debt: Everything You Need to Know

Sawin & Shea

In the case of a Chapter 7 bankruptcy , the court appoints a trustee who is in charge of selling off (liquidating) a debtor’s non-exempt assets. If a debtor has assets that are not protected under those statutes, the trustee can liquidate those items and use the proceeds to pay creditors back something.

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Burr’s Anna Akers Named a 2020 Honoree in Birmingham Business Journal’s “Next Gen: Rising Stars of Law”

Burr Forman

Anna is an associate in the Birmingham office where she practices in the firm’s CreditorsRights and Bankruptcy group. At Burr, Anna represents both creditors and debtors to enforce or restructure debt obligations. She also represents clients in general commercial disputes.

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Default Interest Rates are Presumed Reasonable Under Sec. 506(b), and a Bankruptcy Court May Not Use the Fair and Equitable Language of Sec. 1129(b) to Conclude Otherwise

The Creditors Rights

The bankruptcy court agreed with the debtor, concluding the new loan under the plan “paid” the debt within the meaning of Entz-White , and confirmed the plan. Wells Fargo opposed confirmation, asserting the plan did not meet the “fair and equitable” test under § 1129(b)(1). The BAP reversed. Capital Corp. Future Media Prods.,